Pollock v. Wright
South Dakota Supreme Court
Appeal from circuit court, Hutchinson county; Hon. E. G. Smith, Judge. Suit by Sir. Frederick Richard Pollock and others against Anna Wright and others, to reinstate and foreclose a mortgage upon realty. From a decree in favor of the defendants, complainants appeal. The doctrine of subrogation is a creature of growth and development. The early cases frequently held to the narrow rule of the voluntary payment and denied the subrogation.
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Appeal from circuit court, Hutchinson county; Hon. E. G. Smith, Judge. Suit by Sir. Frederick Richard Pollock and others against Anna Wright and others, to reinstate and foreclose a mortgage upon realty. From a decree in favor of the defendants, complainants appeal. The doctrine of subrogation is a creature of growth and development. The early cases frequently held to the narrow rule of the voluntary payment and denied the subrogation. But the doctrine of subrogation has expanded through the evolution of laws, so that now all the modern authorities hold that the fact of payment under the…
1Opinion of the CourtFuller, P. J.
The facts necessary to a complete understanding all that is presented by this appeal from a judgment dismissing the complaint in an action to reinstate and foreclose a mortgage are chronologically stated in Parrish v. Mahany, 10 S. D. 276, 73 N. W. 97, 66 Am. St. Rep. 733, and again on rehearing, 12 S. D. 278, 81 N. W. 295, 76 Am. St. Rep. 604, and the only essential question of law is whether appellants are entitled to invoke the doctrine of subrogation. On or about August 1, 1885, Butler C. Cunningham, who then owned the premises described in the complaint, sold, and by warranty deed…
2Cases cited13 opinions
- Aetna Life Ins. Co. v. MiddleportSupreme Court of the United States · 1888
- Memphis & Little Rock Railroad v. DowSupreme Court of the United States · 1887
- Hayes v. WardNew York Court of Chancery · 1819
- Gilmore v. . HamNew York Court of Appeals · 1894
- Sanford v. McLeanNew York Court of Chancery · 1831
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3Cited by2 opinions
- First State Bank & Trust Co. of Abilene v. WalkerCourt of Appeals of Texas · 1916
- Stackerl v. HeiserSouth Dakota Supreme Court · 1927