Cook v. Kelly
Supreme Court of Alabama
Appeal from Law and Equity Court, Monroe County; W. G. McCorvey, Judge. Bill by George W. Cook against Riley Kelly and another to quiet title to land. Decree for respondents, and complainant appeals.
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Appeal from Law and Equity Court, Monroe County; W. G. McCorvey, Judge. Bill by George W. Cook against Riley Kelly and another to quiet title to land. Decree for respondents, and complainant appeals. The bill alleges that orator is the owner of certain land therein described; that he purchased it and paid on the same the sum of $200, and was placed in possession of the land, and immediately erected valuable improvements on the land amounting to about $1,500, and that he and his wife have continued to reside on the land since as their homestead, and have paid the. balance of $400 due on said…
1Opinion of the CourtThomas, J.
[1,2] It is well established in this state that a party paying off prior liens or mortgages on real estate is entitled by subrogation to the rights of the prior lien-holders in a proper case. It is further settled that one who advances money for the discharge of a prior lien, though he be without previous interest in the subject of the lien, is not a stranger, and that such an one is entitled to the benefit of the doctrine of subrogation where that course will best sub-serve the substantial purposes of justice and the true intention of the parties. In such a case equity will keep alive the…
2Cases cited4 opinions
- First Avenue Coal & Lumber Co. v. KingSupreme Court of Alabama · 1915
- Woodruff v. SatterfieldSupreme Court of Alabama · 1917
- Fouche v. SwainSupreme Court of Alabama · 1885
- Clark v. BirdSupreme Court of Alabama · 1908
3Cited by15 opinions
- Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
- Hope of Alabama Lodge of Odd Fellows v. ChamblessSupreme Court of Alabama · 1925
- Shields v. PepperSupreme Court of Alabama · 1928
- Des Portes v. HallSupreme Court of Alabama · 1939
- McAllister v. CatchingsSupreme Court of Alabama · 1923
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