City National Bank v. Dudgeon

Citations

• 65 Ill. 11

Syllabus

<p>1. Chancery—proof required. In chancery, before the complainant is entitled, to relief, he must make out his case by a fair preponderance of testimony. When the testimony is conflicting, and leaves the matter in doubt, the complainant must fail.</p> <p>3. Subrogation—surety paying entitled to securities. Where a debtor had given his note to his creditor signed by another as surety, and had also secured the payment of the same by mortgage upon real estate of the former, and the surety afterwards paid off the note: Held, that in equity the surety was entitled to be subrogated to the mortgage security held by the creditor. L,</p> <p>3. A surety upon a note, which was also secured by mortgage upon land of the principal debtor, paid the same, and the creditor, without the assent of the surety, entered satisfaction of the mortgage, so as to leave the same subject to the lien of a judgment held by the creditor against the principal, and proceeded to levy upon the same land: Held, that as the mortgage was given for the benefit of the surety as well as for the creditor, the surety was entitled in equity to the benefit of the mortgage security to the extent of his payment; and the land having been sold under a power in a prior mortgage, leaving a surplus, that the surety was entitled to receive such surplus to reimburse himself for what he had so paid.</p>