Butts v. Swan

* Headnotes 1. Mortgages, 27 Cyc., pp. 1386, 1387; Subrogation, 37 Cyc. pp. 443, 472; 2. Mortgages, 27 Cyc., p. 1987; Subrogation, 37 Cyc., p. 472; 3. Mortgages, 27 Cyc., p. 1828. This cause is in equity to redeem and be subrogated. Relief was denied and plaintiff appealed.

A.T. Swan and wife, Margaret, were married May 13, 1918. The husband's father and mother gave him $500 as a wedding present. September 30, 1918, A.T. Swan purchased from M.B. Kincheloe a five-acre tract of land, and used the $500 in making the first payment, but there remained a balance due on the place of $2600. A.T. Swan…