Evans v. Halleck
Supreme Court of Missouri
Appeal from Mercer Circuit Court. — Hon. G. D. Burgess, Judge. (1) The plaintiff is entitled to be subrogated to the rights of the holder of the mortgage note. He paid the money as administrator under mistake of fact and is entitled to the relief asked. 1 Story Eg. Jur. (8th Ed.) sec. 90. (2) It was the duty of the administrator, if the assets were sufficient, to pay off the mortgage debt.
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Appeal from Mercer Circuit Court. — Hon. G. D. Burgess, Judge. (1) The plaintiff is entitled to be subrogated to the rights of the holder of the mortgage note. He paid the money as administrator under mistake of fact and is entitled to the relief asked. 1 Story Eg. Jur. (8th Ed.) sec. 90. (2) It was the duty of the administrator, if the assets were sufficient, to pay off the mortgage debt. Creed v. Myer, 64 Ill. 495. (3) In case of payment to a creditor of more than the share of such creditor, the administrator can recover it back in his administrative capacity. 4 Gray 519; 17 Mass. 317. (4)…
1Opinion of the CourtNorton, J.
This case is before us on plaintiff’s appeal from the action of the circuit court in sustaining a demurrer to his petition and entering judgment thereon. The only question, therefore, presented is the sufficiency of the petition which, in substance, sets forth the following as the cause of action: That one Elisha W. Halleck died intestate in July, 1871, and at the time of his death was the owner in fee of certain lands described in the petition ; that said Halleck in his lifetime being indebted to one Thomas for the purpose of securing said indebtedness in July, 1869, executed a deed of trust…
2Cases cited1 opinion
- Brown v. FaganSupreme Court of Missouri · 1880
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