Davies v. Pugh
Supreme Court of Arkansas
Appeal from Carroll Chancery Court; T. H. Humphreys, Chancellor; 1. The fact that 'One who pays off a prior lien retains in his own possession the note and deed evidencing such lien is not sufficient to give a right of subrogation. 44 Ark. 504. A mere loan of money for the purpose of enabling the borrower to pay a debt is not sufficient to entitle the lender to be subrogated to the rights of the creditor whose debt is thus paid.
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Appeal from Carroll Chancery Court; T. H. Humphreys, Chancellor; 1. The fact that 'One who pays off a prior lien retains in his own possession the note and deed evidencing such lien is not sufficient to give a right of subrogation. 44 Ark. 504. A mere loan of money for the purpose of enabling the borrower to pay a debt is not sufficient to entitle the lender to be subrogated to the rights of the creditor whose debt is thus paid. One who advances money to pay off a lien, even at the request of the debtor, and takes a note or mortgage to secure the repayment of the advance, is not thereby…
1Opinion of the CourtMcCudloci-i, J.
Appellants, J. R. Davies and wife, Clara E. Davies, executed to the Carroll County Bank, to secure payment of an indebtedness of the former to said bank, a mortgage on lands owned by him which constituted his homestead. After the debt fell due, appellee, D. B. Pugh, at the request of appellant J. R. Davies, paid the debt, and the mortgage and note were delivered to him (appellee) by the bank. Subsequently J. R. Davies executed to appellee his promissory note for the amount of said debt, and, as security for payment of said 'note, also delivered to him a mortgage which he executed and…
2Cases cited6 opinions
- Gans v. . ThiemeNew York Court of Appeals · 1883
- Dillon v. Kauffman & RungeTexas Supreme Court · 1883
- Warford v. HankinsIndiana Supreme Court · 1898
- Rodman v. SandersSupreme Court of Arkansas · 1884
- Chaffe Bro. v. OliverSupreme Court of Arkansas · 1882
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3Cited by6 opinions
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- Roark v. MatthewsSupreme Court of Arkansas · 1916
- Shurn v. WilkinsonSupreme Court of Arkansas · 1917
- Teel v. HarndenSupreme Court of Arkansas · 1942
1 more not listed; retrieve them via the Exa API.