Appeals of the Forest Oil Co.
Supreme Court of Pennsylvania
EROM THE DECREES OE' THE COURT OE COMMON PLEAS OE WASHINGTON COUNTY. Nos. 211, 212 October Term 1887, Snp. Ct.; court below, Nos. 95 A. D., 69 E. D., August Term 1887, C. P. A judgment for $1,149.50, in favor of Rebecca Nesbit, for use of J. P. Miller, against R. D. Martin and W. W. Martin, entered to No. 95 January Term 1883, was a lien upon a tract of land owned by R. D. Martin in Buffalo township.
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EROM THE DECREES OE' THE COURT OE COMMON PLEAS OE WASHINGTON COUNTY. Nos. 211, 212 October Term 1887, Snp. Ct.; court below, Nos. 95 A. D., 69 E. D., August Term 1887, C. P. A judgment for $1,149.50, in favor of Rebecca Nesbit, for use of J. P. Miller, against R. D. Martin and W. W. Martin, entered to No. 95 January Term 1883, was a lien upon a tract of land owned by R. D. Martin in Buffalo township. On an execution issued upon this judgment a levy had been made and a sheriff’s sale of said land advertised to take place on Monday, August 15, 1887, when, after an offer, the sale was adjourned…
1Opinion of the Court
Opinion,
Mr. Justice Paxson :
Subrogation is a right arising in pure equity and benevolence. It is an equitable result, and depends, like other controversies in. equity, on facts to develop its necessity in order that justice may be done. To entitle a party to subrogation his equity must be strong and his case clear. It is an equity called into existence for the purpose of enabling a party secondarily liable, but who has paid the debt, to reap the benefit of any securities which the creditor may hold against the principal debtor, and by the use of which the party paying may thus be made whole;…
2Cases cited1 opinion
- Sanford v. BulkleySupreme Court of Connecticut · 1862
3Cited by18 opinions
- Smith v. Yellow Cab Co.Supreme Court of Pennsylvania · 1926
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- Home Owners' Loan Corp. v. CrouseSuperior Court of Pennsylvania · 1942
- Paxton National Insurance v. BrickajlikSupreme Court of Pennsylvania · 1987
- Wimer v. Pennsylvania Employees Benefit Trust FundSupreme Court of Pennsylvania · 2007
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