Swanson v. Krenik

OPINION

MOORE, Chief Justice.

This case presents a single legal issue regarding the rights between an original mortgagor/grantor and the first grantee of real property when the second grantee defaults. The superior court ruled that the original mortgagors, the Kreniks, were subsureties and therefore entitled to indemnification from the first grantee, Marie Swanson. On appeal, Swanson argues that she and the Kreniks became cosureties when the second grantees assumed the mortgage obligation. Swanson contends that, as a cosurety, she is entitled to contribution from the Kreniks for a proportionate…