Friedman v. Pohnl

Appellants seek reversal of an interlocutory order of the circuit court which, among other things, found that plaintiff’s mortgage was superior to the mortgages of the defendants-appellants.

The main contention for reversal is that the mortgage presently held by plaintiff was extinguished prior to the assignment of such mortgage to him by reason of the fact that one previously owning the encumbered property also acquired the mortgage interests. In other words, it is appellants’ contention that there occurred a merger of the ownership of the property with the debt (the mortgage now held by the…