Ritter v. Cost

Dissenting Opinion.

Elliott, J. —

I think Eitter was entitled to be subrogated! to the rights of the mortgagee to whom the purchase-money mortgage was executed. Peet v. Beers, 4 Ind. 46; Spray v. Rodman, 43 Ind. 225 ; McKeage v. Hanover Fire Ins. Co., 81 N. Y. 38; Sickles v. Flanagan, 79 N. Y. 224; Monticello, etc., Co. v. Loughry, 72 Ind. 562, 566; Ayers v. Adams. 82 Ind. 109.

The lien of appellee’s judgment was only on the execution debtor’s equity of redemption, and Eitter, in asserting his right to avail himself of the purchase-money mortgage, leaves the lien as it was, and as his is the…