Thorburn v. Wende

This action was brought by Matilda B. Wende, widow of John Wende, deceased, to recover her dower interest in certain real estate of which her husband died seized. Mrs. Wende died after the trial and entry of judgment, and her executors have been substituted in her place and stead.

The question involved upon this appeal is whether a mortgage, which was on the property at the time Mr. Wende acquired title thereto, and which he assumed and agreed to pay, and which has never been discharged of record, is still a lien on the premises, or whether it has been extinguished by merger.

Mr. and Mrs. John…