Fitzgerald v. Buffalo County

By the covenant in the deed to pay the mortgages plaintiff bound herself to pay them and thereby assumed a primary liability. Martin v. C. Aultman & Co. 80 Wis. 150, 49 N. W. 749. She did not pay as a volunteer — she did no more than she had agreed to do. There was no need for her to act to protect her own interests. There was.no ágreement that she should have security for her payment. She was not a surety for the payment of the mortgage debt. Under those circumstances she is not entitled to subrogation. Murphy v. Baldwin, 159 Wis. 567, 150 N. W. 957; Bank of Baraboo v. Prothero, 215 Wis.…