Duke v. Kilpatrick

GARDNER, Justice.

Complainants own by inheritance from their father, A. A. Kilpatrick, .an one-half interest in the 40 acres of land heré involved, the remaining half being owned by respondent Garvin E. Duke'. This respondent seeks by cross-bill to be subrogated to two mortgages executed by A. A. Kilpatrick and Ola Kilpatrick, his wife, one to the Federal Land Bank and the second to one Lackey. The common source of title of cross-complainant and his- vendor is J. K. Johnson, and it is this latter’s right of subrogation that is here sought to be enforced. From a denial of this relief,…