Good v. Golden
Mississippi Supreme Court
From the chancery court of Leflore county. Hon. A. H. Longino, Chancellor. The appellant alleged in her bill of complaint that the appellees, R. T. Golden and Mary, his wife, were indebted to the Bank of Greenwood in the sum of $880, evidenced by their promissory note for that sum, which note was secured by their deed of trust on certain lands constituting the homestead of the appellee, R. T. Golden; that, when this indebtedness fell due, they were unable to meet it, and the…
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From the chancery court of Leflore county. Hon. A. H. Longino, Chancellor. The appellant alleged in her bill of complaint that the appellees, R. T. Golden and Mary, his wife, were indebted to the Bank of Greenwood in the sum of $880, evidenced by their promissory note for that sum, which note was secured by their deed of trust on certain lands constituting the homestead of the appellee, R. T. Golden; that, when this indebtedness fell due, they were unable to meet it, and the bank threatened to foreclose; they applied to the appellant for assistance, and prevailed on her to pay to the bank the…
1Opinion of the CourtWhitfield, J.
There was no subrogation here, legal or conventional. One who discharges for the debtor to the creditor, who holds an incumbrance or lien securing the debt, such debt, by agreement express or reasonably inferable from the facts of the particular case, that he shall have the incumbrance or lien kept alive for his benefit, is protected within the rule for conventional subro*95gation. In such case there is an agreement, equally whether it be express or so implied, and the agreement is for, and secures, subrogation. One who discharges to the creditor holding such lien or incumbrance, -the debt, when…
2Cases cited5 opinions
- Howell v. BushMississippi Supreme Court · 1877
- White v. CannonIllinois Supreme Court · 1888
- Gardenville Permanent Loan Ass'n v. WalkerCourt of Appeals of Maryland · 1879
- Staples v. FoxMississippi Supreme Court · 1871
- Chaffe v. PattersonMississippi Supreme Court · 1883
3Cited by12 opinions
- Warford v. HankinsIndiana Supreme Court · 1898
- American Nat. Ins. Co. v. United States Fidelity & G. Co.Mississippi Supreme Court · 1968
- Cuesta, Rey Co. v. Newsom, as LiquidatorSupreme Court of Florida · 1931
- Lovingood v. Butler Construction Co.Supreme Court of Florida · 1930
- Box v. EarlyMississippi Supreme Court · 1938
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