Whitney

In 1884 one Burnbam, tbe assignee of a mortgage outstanding on tbe land involved in tbis case, took a release of tbe equity of redemption by a deed wbicb contained tbe recital that “ tbis conveyance shall not operate to merge title acquired by assignment of mortgage.” There is nothing to show any interest or estate intervening between tbe mortgage title and the equity of redemption. There is no further assignment of tbe mortgage on tbe records. Burnbam died in 1892. Tbe mortgage does not appear in tbe inventory of -bis estate. Tbe petitioner claims title under bis heirs.

Tbe Examiner questions…