Barbin v. Moore

No question appears to have been made as to the form of the proceeding. The appropriate remedy would be a bill in equity asking that the plaintiff, whose wards’ property has been taken to pay a debt of the defendant’s decedent, for which it was pledged as collateral security, be subrogated to the secured creditor’s right in property of the decedent which was also pledged for the debt. But as the parties submitted their claims upon agreed facts, the superior court made an order that judgment should be entered in accordance with the conclusion as to whether the plaintiff is entitled to…