Lemmon v. Lincoln
Missouri Court of Appeals
Appeal from the Vernon Circuit Court. — Hon. J. H. Lay,' Special Judge. (1) One who advances money to discharge an existing incumbrance, at the request of the mortgagor ’ or owner of the land, under an agreement for a first lien as security for the money advanced, may invoke the equitable doctrine of subrogation, when the rights of no innocent third person intervene. Moore v. Lindsey, 52 Mo.
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Appeal from the Vernon Circuit Court. — Hon. J. H. Lay,' Special Judge. (1) One who advances money to discharge an existing incumbrance, at the request of the mortgagor ’ or owner of the land, under an agreement for a first lien as security for the money advanced, may invoke the equitable doctrine of subrogation, when the rights of no innocent third person intervene. Moore v. Lindsey, 52 Mo. App. 474; Demeter v. Wilcox, 115 Mo. 635; 3 Pomeroy’s Equity Jurisprudence, p. 200, sec. 1212; Norton v. Eighleyman, 88 Mo. 621; Whites elle v. Loan Agency, 27 S. W. Rep. No. 3, p. 309. (2) R. L. Lincoln,…
1Opinion of the CourtEllison, J.
The plaintiff seeks to be subrogated to the rights of the trustees and the beneficiaries in certain deeds of trust which were paid off and released with moneys which plaintiff had advanced by way of a loan. The following, borrowed largely from plaintiff’s statement of the case, may be taken as the facts which ( control our decision of the cause:
D. O. Lincoln owned and occupied the land in controversy as a homestead. He died January 22, 1888, intestate, leaving a widow and several children, among them R. L. Lincoln, who qualified as administrator of his father’s estate, and executed a bond as…
2Cases cited5 opinions
- Bunn v. LindsaySupreme Court of Missouri · 1888
- Kleimann v. GieselmannSupreme Court of Missouri · 1893
- Kleimann v. GeiselmannMissouri Court of Appeals · 1891
- Demeter v. WilcoxSupreme Court of Missouri · 1893
- Brown v. Merchant's BankMissouri Court of Appeals · 1896
3Cited by2 opinions
- Trenton Motor Company v. WatkinsMissouri Court of Appeals · 1956
- Berry v. StigallSupreme Court of Missouri · 1913