Hughes v. Thomas
Wisconsin Supreme Court
Appeal from an order of .the circuit court for Winnebago ■county: Geo. W. BubNell, Circuit Judge. This is an appeal from an order sustaining a demurrer to the plaintiff’s complaint.
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Appeal from an order of .the circuit court for Winnebago ■county: Geo. W. BubNell, Circuit Judge. This is an appeal from an order sustaining a demurrer to the plaintiff’s complaint. The complaint alleges, in substance, that one John S. Thomas and Ann Thomas, his wife, on the ■30th day of October, 1816, executed and delivered to one ■John E. Williams their promissory note in writing, by which, for value received, they promised to pay said John E. Williams, or order, four years after date, $400 with interest at ■eight per cent, per annum, payable annually; that to secure ■said note they did at…
1Opinion of the CourtKerwin, J.
The right of subrogation exists independently of contract and is equitable in its nature. It is a means by which justice may be accomplished by subrogating one party to the rights of another in accordance with the recognized principles of equity jurisprudence. Sheldon, Subrogation, §§ 1-4; Charmley v. Charmley, 125 Wis. 297, 103 N. W. 1106. There can be no doubt that in the case before us the life tenant, having an interest in the property covered by the mortgage, could have paid the mortgage in order to protect her interest, and upon such payment would have the right to be subrogated to the…
2Cases cited33 opinions
- Wilkins, Neely & Jones v. GibsonSupreme Court of Georgia · 1901
- Home Savings Bank v. BierstadtIllinois Supreme Court · 1897
- Gans v. . ThiemeNew York Court of Appeals · 1883
- Crippen v. ChappelSupreme Court of Kansas · 1886
- Acer v. . HotchkissNew York Court of Appeals · 1884
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3Cited by21 opinions
- Rock River Lumber Corp. v. Universal Mortgage Corp. of WisconsinWisconsin Supreme Court · 1978
- Bell v. BellSupreme Court of Alabama · 1911
- First Taxing District v. National Surety Co.Supreme Court of Connecticut · 1922
- Ingram v. JonesCourt of Appeals for the Tenth Circuit · 1931
- Bank of Baraboo v. ProtheroWisconsin Supreme Court · 1934
16 more not listed; retrieve them via the Exa API.