Jandl v. Guziekiewicz

The trial court held that as the money was borrowed by Mrs. Guziekiewicz for the purpose of paying her indebtedness to the First National Bank, and as it was *261used for that purpose, the plaintiff in this action was subro-gated to the rights which the bank had against Mrs. Guziek-iewicz. The respondent here does not seek to sustain the judgment upon any such theory, and in such respect he acts advisedly. The plaintiff is not seeking to be subrogated to any rights which the bank might have had against Mrs. Guziekiewicz. He is seeking to foreclose a mortgage executed by Mrs. Guziekiewicz to…