Berry v. Stigall
Supreme Court of Missouri
Appeal from DeKalb Circuit Court. — Ron. Alonzo D. Busrnes, Judge. (1) Defendant was entitled to be subrogated to the right of the mortgagee of John Berry and Clarissa Berry, his wife, under the doctrine of equity jurisprudence. Subrogation does not 'depend upon privity of contract, either express or implied, only in so. far as the known equity may be supposed to be imported into the transaction and thus raise the implication of a contract.
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Appeal from DeKalb Circuit Court. — Ron. Alonzo D. Busrnes, Judge. (1) Defendant was entitled to be subrogated to the right of the mortgagee of John Berry and Clarissa Berry, his wife, under the doctrine of equity jurisprudence. Subrogation does not 'depend upon privity of contract, either express or implied, only in so. far as the known equity may be supposed to be imported into the transaction and thus raise the implication of a contract. In other words it is founded upon the facts and circumstances of each particular case, and on the principles of natural justice. Founded on the dictates…
1Opinion of the Court
BROWN, C.
On the first of June, 1888, John. Berry, then the owner of the 117 acres of land in DeKalb county, Missouri, involved in this proceeding,, borrowed from William Q. Mintern $1100, due in five years, and to secure the payment thereof executed a deed of trust on said lands. He died in said county in January, 1891, leaving a wife and eight cMldren,, and having first executed his will containing the following three clauses, and constituted his wife and his eldest son, the plaintiff Thomas Berry, executors thereof.
“Sec. 1. To my beloved wife, Clarissa Berry, I give and bequeath all of my…
2Cases cited7 opinions
- Vallé's Heirs v. Fleming's HeirsSupreme Court of Missouri · 1859
- MacGreal v. TaylorSupreme Court of the United States · 1897
- Capen v. GarrisonSupreme Court of Missouri · 1906
- Coleman v. FrazerCourt of Appeals of Kentucky · 1867
- Cutter v. BurroughsSupreme Judicial Court of Maine · 1905
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3Cited by15 opinions
- Donovan v. Kansas CitySupreme Court of Missouri · 1943
- Merrick v. StephensMissouri Court of Appeals · 1960
- Todd's v. First National BankCourt of Appeals of Kentucky · 1917
- Scheer v. Trust Co. of St. Louis CountySupreme Court of Missouri · 1932
- Shanklin v. WardSupreme Court of Missouri · 1921
10 more not listed; retrieve them via the Exa API.