Handford v. Edwards
Supreme Court of Arkansas
Appeal from Independence Chancery Court; George T. Humphries, Chanccellor; 1. Subrogation is the substitution of one person in the place of another and to succeed to his rights. -Sheldon on Subrogation, § 1. There was no subrogation in this case. Ih. (2 Ed.) § 116; 34 Ark. 113; 2 Lead Cas. in Eq., p. 162. Appellee was a mere volunteer. 25 Ark. 129; 39 Id. S31 i 5° dd. 108. 2. The outstanding judgment was a lien on the land prior to any rights of appellee.
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Appeal from Independence Chancery Court; George T. Humphries, Chanccellor; 1. Subrogation is the substitution of one person in the place of another and to succeed to his rights. -Sheldon on Subrogation, § 1. There was no subrogation in this case. Ih. (2 Ed.) § 116; 34 Ark. 113; 2 Lead Cas. in Eq., p. 162. Appellee was a mere volunteer. 25 Ark. 129; 39 Id. S31 i 5° dd. 108. 2. The outstanding judgment was a lien on the land prior to any rights of appellee. Kirby’s Digest, § 4438; 13 Ark. 74; 50 Id. 108. 1. Appellee, having paid the debt to the bank, was subrogated to its rights. 13 Ark. 112;…
1Opinion of the Court
Him,, C. J.
In 1905 the Bank of Newark obtained a decree in the Independence Chancery Court against C. J. Magness in the sum of $2,865.62. This decree was based on a note secured by a deed of trust upon real and personal property, and a foreclosure was decreed. Two lots in the town of Newark were sold under said decree for $400, and the purchase price thereof credited upon the decree. Edwards was one of several sureties of Magness to the bank, and after the foreclosure, the property being insufficient to discharge the debt, he was compelled to pay $197.28 as his pro rata of the debt due the…
2Cases cited3 opinions
- Rodman v. SandersSupreme Court of Arkansas · 1884
- Cohn v. HoffmanSupreme Court of Arkansas · 1887
- Fields v. DanenhowerSupreme Court of Arkansas · 1898