MORTGAGES - SUBROGATION OF ONE WHOSE LOAN IS USED TO PAY A SENIOR MORTGAGE

Authors

Theodore R. Vogt, University of Michigan Law SchoolFollow

Abstract

S mortgaged the property in question to U, then conveyed the land and certain water rights to H, who gave a second mortgage on the land to M. Thereafter H conveyed the land and water rights to F, who borrowed from Z funds to retire the first mortgage, giving to Z a mortgage which it was agreed between F and Z should be a first mortgage, and transferring to Z the water rights as additional security. In an action by M to foreclose, held, Z was entitled to subrogation to the position of first mortgagee as against M, notwithstanding Z did not examine the abstract or record which would have shown the subsequent mortgage to M. Martin v. Hickenlooper, (Utah 1936) 59 P. (2d) u39.

Recommended Citation

Theodore R. Vogt, MORTGAGES - SUBROGATION OF ONE WHOSE LOAN IS USED TO PAY A SENIOR MORTGAGE, 36 Mich. L. Rev. 151 (1937).
Available at: https://repository.law.umich.edu/mlr/vol36/iss1/20