Gadsden v. Brown

CourtListener 7467749Scctapp15 de mai. de 1843

Abrir fonte

Texto completo

Curia, per Dunkin, Ch.
This Court concur in the views of the Chancellor. So soon as Burbage and Pinck-ney éxécüted the release, an absolute title at law vested in the complainants, Brown & Wellsman. The defendant attempts to set up an e'quity, paramount to this title; on the ground of his payment to the former mortgagees. But there was no agreement that he should be subrogated to their rights as mortgagees; there was no assignment — -on the contrary, the defendant took other securities for his advancements. The authorities cited in the decree are conclusive that; under such circumstances, there is no right of subrogation, and no equity to take precedence of a subsisting mortgage-. The appeal is dismissed:

Harper, Ch., concurred.
•Johnston, Ch., absent at the argument.

Continue sua pesquisa no ChatGPT ou Claude

Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.