Breyfogle v. Jackson

The opinion of the court was delivered by

Johnston, C. J.:

In this action the plaintiff asked to be subrogated to the rights of a mortgagee under a mortgage which had been paid and discharged in the course of a real-estate transaction. Early in 1919 M. S. Brecheisen purchased a tract of land which was subject to a mortgage of $1,300. On October 16,1919, he contracted to sell the land to E. W. McFarland for $10,800, agreeing to convey it to him free and clear of all incumbrances. A cash payment of $620 was made, a second payment of $1,280 was to be made on February 1, 1920, and the balance of…