Isensee v. Austin

Citations

• 15 Wash. 352
• 46 P. 394
• 1896 Wash. LEXIS 195

Syllabus

<p>MORTGAGES — SUBROGATION — JUDGMENT — RES JUDICATA.</p> <p>A person who has assumed and agreed to pay a mortgage cannot, upon making the payment, be subrogated to the rights of the mortgagee.</p> <p>A valid judgment for plaintiff finally negatives every defense that might and should have been raised against the action, for the purpose of every subsequent suit between the same parties or their privies in reference to the same subject matter.</p> <p>The assignees of a contract are barred by the rule of res judicata from maintaining a suit to be subrogated to the rights of the mortgagee in a certain mortgage, which they had agreed to pay in part consideration of their contract, by reason of over payments on such contract, when judgment has already been obtained against their assignors canceling the contract for non-performance, and such rights as the assignees now claim would have been available as a defense by their assignors in the former action.</p>