Opinion
Gen. No. 9,489. (Abstract of Decision.)
Opinion filed February 28, 1946 Released for publication March 26, 1946
MORTGAGES, § 164 — when evidence supported finding of merger. In action to redeem mortgage brought by heir of mortgagor, where it appeared that at suggestion of mortgagee, in order to satisfy large mortgage indebtedness, mortgagor and his wife conveyed property to mortgagee by warranty deed, although mortgage was never released, and it appeared that deed limited grantors' possession to about six months, after which they moved away and never claimed any interest in property and no request for payment was ever made by mortgagee, which took possession and exercised unquestioned rights of ownership, held that evidence supported finding of merger and that it was intention of parties that deed was given in satisfaction of debt.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Shelby county; the Hon. JOSIAH T. BULLINGTON, Judge, presiding.
Affirmed. Heard in this court at the February term, 1946.
A.L. Yantis and U.G. Ward, for appellants;
Wm.H. Craig and John J. Baker, for appellees.
Not to be published In full. Opinion filed February 28, 1946; released for publication March 26, 1946.