Davenport v. Timmonds
Missouri Court of Appeals
Appeal from Dade Circuit Court. — Eon. Edward J. White, Special Judge. (1) Plaintiffs, being interested in tbe property, paid tbe incumbrance to protect tbeir own interest, and were thereby entitled to be subrogatetd to all tbe rights of tbe bolder of tbe incumbrance so paid. Evans v. Halleck, 83 Mo. 376; Norton v. Highleyman, 88 Mo. 621; Bunn v. Lindsay, 95 Mo. 258, 27' Am. and Eng. Ency.
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Appeal from Dade Circuit Court. — Eon. Edward J. White, Special Judge. (1) Plaintiffs, being interested in tbe property, paid tbe incumbrance to protect tbeir own interest, and were thereby entitled to be subrogatetd to all tbe rights of tbe bolder of tbe incumbrance so paid. Evans v. Halleck, 83 Mo. 376; Norton v. Highleyman, 88 Mo. 621; Bunn v. Lindsay, 95 Mo. 258, 27' Am. and Eng. Ency. Law (2 Ed.) 203; Capen v. Garrison,'193 Mo. 343. (2) Subrogation is a doctrine of equity jurisprudence. It does not depend upon privity or contract, express or implied, except insofar as tbe known equity…
1Opinion of the CourtGray, J.
— The respondent challenges the sufficiency of appellants’ abstract. It is claimed the abstract shows no final judgment. The abstract states: “The said special judge, after filing his statement of facts and written opinion as to the law in said case, caused the following judgment entry to be made: ‘Now at this day the above cause coming on to be heard, there appearing the plaintiffs and defendant in their own proper persons and .by attorneys, and both parties announcing ready for trial, the issues submitted to the court upon competent testimony, and the court having seen, heard and understood…
2Cases cited14 opinions
- Leach v. HallSupreme Court of Iowa · 1895
- Murray v. O'BrienWashington Supreme Court · 1909
- Nelson v. BrownSupreme Court of Missouri · 1897
- Parsons v. UrieCourt of Appeals of Maryland · 1906
- Southern Bank v. NicholsSupreme Court of Missouri · 1907
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3Cited by4 opinions
- First National Bank & Trust Co. v. BowmanSupreme Court of Missouri · 1929
- Baker v. Farmers' Bank of ConwayMissouri Court of Appeals · 1926
- Missouri Home Savings and Loan Association v. AllenSupreme Court of Missouri · 1970
- Netherton v. Farmers Exchange BankMissouri Court of Appeals · 1933