Appeal of Robeson
Supreme Court of Pennsylvania
FROM THE DECREE OF THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY. On the distribution in the court below of the proceeds of a sheriff’s sale of the real estate of W. R. Graham, a contest arose between D. E. Robeson and R. H. Myers, mortgage creditors. Two of the tracts were known, one the Hale tract, the other the Decatur tract.
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FROM THE DECREE OF THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY. On the distribution in the court below of the proceeds of a sheriff’s sale of the real estate of W. R. Graham, a contest arose between D. E. Robeson and R. H. Myers, mortgage creditors. Two of the tracts were known, one the Hale tract, the other the Decatur tract. The Hale tract was conveyed to Graham April 1, 1864; the Decatur tract, August 26, 1875. . At the time of the sheriff’s sale, the Hale tract was subject to the lien of a purchase money mortgage, called here, for clearness, the Hale mortgage; certain judgments in favor…
1Opinion of the Court
Opinion,
Mr. Justice Clark :
This case is to be determined upon the general principles of equity which govern in the marshaling of assets or in subrogation. The doctrine of subrogation is of purely equitable origin; its application is always controlled for the promotion of justice; it will never be enforced therefore to defeat a superior or even an equal equity in another. That this is the rule which governs in all cases of subrogation, is, of course, unquestioned. What are the respective rights and equities of the parties to this appeal ?
*634The Hale • tract was conveyed to Graham April 1, 1864.(…
2Cases cited2 opinions
- McDevitt & Hays's & Kitchenman's AppealSupreme Court of Pennsylvania · 1872
- Hoff's AppealSupreme Court of Pennsylvania · 1877
3Cited by7 opinions
- Newby v. FoxSupreme Court of Kansas · 1913
- Bank of Commerce v. First National BankIndiana Supreme Court · 1898
- Auto Building & Loan Ass'n v. HallSuperior Court of Pennsylvania · 1934
- Commonwealth, for Use v. Baldwin Bros CoSuperior Court of Pennsylvania · 1936
- Higinbotham's EstateSuperior Court of Pennsylvania · 1912
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