Bostwick v. Felder

It is the theory of counsel for the plaintiff in error that Felder’s acceptance of the bill of sale merged the lien of judgment, insofar as the automobile and tractor are concerned, in the bill of sale, under the provisions of the Code, § 85-710: “If two estates in the same property shall unite in the same person in his individual capacity, the lesser estate shall be merged in the greater;” and also under the provisions of § 85-711: “As a general rule a party may not hold a lien on his own property.” While “in strict technical meaning, the doctrine of merger of estates appears to have been…