Hester v. Frary

The chief question presented upon this record is as to whether, if McHett bought the mortgage note sued upon in his own right, and not as agent for appellee, his claim to the mortgage indebtedness evidenced by the note became thereby merged in his title in fee to the premises. He was the owner of the fee of the premises upon which this mortgage note was secured at the time when he purchased the note from Chandler & Co. If it appeared from the record that the trial court had found as fact that MdSTett did not buy the note in his own right, but did buy it as agent of appellee, and that the…