SUBROGATION-RIGHTS OF WARD IN SECURITY FOR DEBT OF GUARDIAN DISCHARGED BY DIVERTED FUND

Authors

Abstract

S, guardian for some minor children, used $ 1200 of their money without order of court for the discharge of a mortgage on land belonging equally to himself and the wards. Plaintiff, obtaining a judgment against S, levied on his apparent half-interest in the land and purchased it at the execution sale for the balance due on the judgment. In partition proceedings the wards set up the unauthorized use of their money and claimed a lien for $600 on plaintiff's interest. Held, since the plaintiff gave no consideration except the satisfaction of an antecedent debt, it is not a bona fide purchaser, so the wards will be subrogated to the rights of the mortgagee to the extent of $600. Levant State Bank v. Shults, (Kan. 1935) 47 P. (2d) 80.

Recommended Citation

SUBROGATION-RIGHTS OF WARD IN SECURITY FOR DEBT OF GUARDIAN DISCHARGED BY DIVERTED FUND, 34 Mich. L. Rev. 892 (1936).
Available at: https://repository.law.umich.edu/mlr/vol34/iss6/19