Fowler v. Fowler
Missouri Court of Appeals
Appeal from, the Balls Circuit Court. — IIon. Reuben E. Roy, Judge. Mrs. Eowler paid the creditor’s claim in full. Even if she had only paid a part of the debt, under^the Missouri decisions, she would be entitled to proportionate share with the other creditors of the proceeds arising from the sale of the principal debtor’s property, and for that purpose may be subrogated to all the rights of the remaining creditors, so as to have the benefit of all the securities in their…
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Appeal from, the Balls Circuit Court. — IIon. Reuben E. Roy, Judge. Mrs. Eowler paid the creditor’s claim in full. Even if she had only paid a part of the debt, under^the Missouri decisions, she would be entitled to proportionate share with the other creditors of the proceeds arising from the sale of the principal debtor’s property, and for that purpose may be subrogated to all the rights of the remaining creditors, so as to have the benefit of all the securities in their hands. “The doctrine is well settled that as soon as a surety has paid the debt, an equity arises in his favor to have all…
1Opinion of the CourtBond, J.
Plaintiff asks to' be subrogated to the rights of a mortgagee of one hundred and sixty aeres of land conveyed by herself and husband, now deceased, to secure a debt of $2,000. About two years after the execution of the mortgage the husband insured his life for $2,000 in plaintiff’s name. Upon the death of her husband a check for that amount was sent to her by the insurance company, which she indorsed and delivered to the administrator of her husband’s estate to be paid on the debt secured by said mortgage. This was done and an additional $120 of accrued interest was also paid by plaintiff.…
2Cases cited5 opinions
- Fievel v. ZuberTexas Supreme Court · 1887
- Sanford v. McLeanNew York Court of Chancery · 1831
- Acer v. . HotchkissNew York Court of Appeals · 1884
- Suddath v. GallagherSupreme Court of Missouri · 1895
- Bissett v. GranthamMissouri Court of Appeals · 1896
3Cited by2 opinions
- Platte Valley Cattle Co. v. Bosserman-Gates Live Stock & Loan Co.Court of Appeals for the Eighth Circuit · 1912
- Foster v. WilliamsMissouri Court of Appeals · 1910