Ragan v. Standard Scale Co.
Supreme Court of Georgia
Equitable petition. Before Judge Wright. Floyd superior court. May 15, 1906. The Standard Seale Company filed an equitable petition against Eagan, and alleged the following facts: On May 26, 1902, one Corley executed and delivered to the Exchange Bank of Eome certain promissory notes for the principal sum of $240, and secured. the notes by a mortgage on one “DeLoach Paragon” planer, and the mortgage was recorded on May 37, 1903. Subsequently Corley executed to Eagan a…
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Equitable petition. Before Judge Wright. Floyd superior court. May 15, 1906. The Standard Seale Company filed an equitable petition against Eagan, and alleged the following facts: On May 26, 1902, one Corley executed and delivered to the Exchange Bank of Eome certain promissory notes for the principal sum of $240, and secured. the notes by a mortgage on one “DeLoach Paragon” planer, and the mortgage was recorded on May 37, 1903. Subsequently Corley executed to Eagan a mortgage covering the same property, which was. recorded on October 8, 1903; and “sometime during the month of November, 1903,…
1Opinion of the CourtBeck, J.
(After stating the facts.)
1. The doctrine of subrogation was ably discussed by Justice Cobb in the case of Wilkins v. Gibson, 113 Ga. 31, where the rule was announced (p. 47) that “subrogation will arise only in those cases where the party claiming it advanced the money to pay a debt which, in the event of default by the debtor, he would be bound *546to pay, or where he has some interest to protect, or where he advanced the money under an agreement, express or implied, made •either with the debtor or creditor, that he would be subrogated to the rights and remedies of the creditor.” The case of…
2Cases cited3 opinions
- Wilkins, Neely & Jones v. GibsonSupreme Court of Georgia · 1901
- Woodside v. LippoldSupreme Court of Georgia · 1901
- Simpson v. EnnisSupreme Court of Georgia · 1901
3Cited by16 opinions
- Byers v. McGuire Properties, Inc.Supreme Court of Georgia · 2009
- Callan Court Co. v. Citizens & Southern National BankSupreme Court of Georgia · 1937
- Burgoon v. LavezzoCourt of Appeals for the D.C. Circuit · 1937
- Citizens Mercantile Co. v. EasomSupreme Court of Georgia · 1924
- Peagler v. DavisSupreme Court of Georgia · 1915
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