Warne, Willis & Co. v. Morgan

Citations

• 68 Kan. 450
• 75 P. 480
• 1904 Kan. LEXIS 126

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Mortgage — Party Paying If eld to be Subrogated to Bights of Mortgagee. Where one loans money which is actually used in paying off a valid encumbrance on property, whether real or personal, exempt or otherwise, with an agreement with the borrower that he shall have a valid mortgage on such property, and a mortgage is given which afterward proves to be void because of defective execution, such mortgagee is entitled, upon application, to be subrogated to the rights of the mortgagee whose mortgage he paid to the amount paid by him for the release.</p>