Berry v. Bankers Mortgage Building & Loan Ass'n

THOMAS, Justice.

This bill was for the enforcement of equitable subrogation to the extent that the proceeds of the indebtedness secured by the last mortgage to the appellee were used for the purpose of paying off prior liens that were superior to the lien of the mortgage to appellants’ intestate.

The agreed statement of facts shows that the original mortgage to appellee was a valid and prior lien on the real property, the subject of this suit, and that it was superior to the mortgage given appellants’ intestate; that the appellee had no actual knowledge of the existence of the mortgage to…