Berry v. Stigall
Supreme Court of Missouri
Appeal from DeKalb Circuit Court. — Ron. Alonzo D. Busrnes, Judge. (1) Defendant was entitled to be subrogated to the right of the mortgagee of John Berry and Clarissa Berry, his wife, under the doctrine of equity jurisprudence. Subrogation does not 'depend upon privity of contract, either express or implied, only in so. far as the known equity may be supposed to be imported into the transaction and thus raise the implication of a contract.
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Appeal from DeKalb Circuit Court. — Ron. Alonzo D. Busrnes, Judge. (1) Defendant was entitled to be subrogated to the right of the mortgagee of John Berry and Clarissa Berry, his wife, under the doctrine of equity jurisprudence. Subrogation does not 'depend upon privity of contract, either express or implied, only in so. far as the known equity may be supposed to be imported into the transaction and thus raise the implication of a contract. In other words it is founded upon the facts and circumstances of each particular case, and on the principles of natural justice. Founded on the dictates…
1Dissent
DISSENTING OPINION.
BOND, J.
Being unable to concur in the able opinion of the learned Commissioner in this case and deeming the questions involved to be of too much importance to justify a silent disapproval, I will state the facts and reasons which convince me that the judgment in this case should be affirmed.
John Berry owned 117 acres of land in DeKalb county, Missouri. He executed a deed of trust upon it on June 1, 1888, to secure a note to one William Q. Mintern for $1100, due in five years. He died in January, 1897, leaving a wife and eight children, after having made a will wherein he…
2Cases cited13 opinions
- Vallé's Heirs v. Fleming's HeirsSupreme Court of Missouri · 1859
- Capen v. GarrisonSupreme Court of Missouri · 1906
- Bunn v. LindsaySupreme Court of Missouri · 1888
- Norton v. HighleymanSupreme Court of Missouri · 1886
- Kleimann v. GieselmannSupreme Court of Missouri · 1893
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