Home Savings Bank v. Bierstadt
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding. On the 30th day of June, 1892, William K. Lowrey was the owner of seven certain lots in a subdivision of land laid out by him at the north-east corner of Western and Park avenues, in Chicago, and on that date he executed to William J. Goudy, of the firm of Goudy, Shanklin & Co., trust deeds upon each of these lots to secure a gross sum of $22,450, with interest at six per cent, and with a provision that if default should be made…
1Opinion of the CourtChief Justice Phillips
Subrogation, as a principle of equity jurisprudence, is generally confined to the relation of principal and surety and guarantors, or to a case where a person is compelled to remove a superior title to that held by him in order to protect his own, and also to cases of insurers. The general principle of subrogation is confined and limited to these classes of cases. (Bishop v. O’Conner, 69 Ill. 431; Borders v. Hodges, 154 id. 498.) Whilst these general heads include the doctrine and principles of subrogation, that doctrine has been steadily expanding and growing in importance and extent in its…
2Cases cited13 opinions
- Emmert v. ThompsonSupreme Court of Minnesota · 1892
- McNew's Executors v. RogersTennessee Supreme Court · 1848
- Levy v. MartinWisconsin Supreme Court · 1880
- Bruse v. NelsonSupreme Court of Iowa · 1872
- Union Mortgage, Banking & Trust Co. v. Peters & TrezevantMississippi Supreme Court · 1895
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3Cited by75 opinions
- Wilkins, Neely & Jones v. GibsonSupreme Court of Georgia · 1901
- Boley v. DanielSupreme Court of Florida · 1916
- Bank of America, NA v. Prestance Corp.Washington Supreme Court · 2007
- Bank of America v. Prestance Corp.Washington Supreme Court · 2007
- Fed. Land Bk. of Columbia v. GodwinSupreme Court of Florida · 1931
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