creditor being afterwards left to work out his rights by being subrogated to the executor's right of retainer or indemnity has been dealt ... legal claim against the executor personally. (6) The right to be subrogated is, subject to any defence which would be available against the executor
defendant has the right to enforce the security by virtue of subrogation. As the prior mortgagee's suit to enforce the security is barred ... viewing it as a claim to enforce the security by virtue of subrogation, is also barred by time. In support of this ground the learned
first, that they would stand in the shoes of Muthu Goundan by subrogation merely by discharging his debt, and, secondly, that they were persons entitled ... Transfer of Property Act or not, the right of subrogation was wider, and that, the daughters having discharged a burden on Venkatachellam's estate
consider whether in the circumstances of the case the appellants were subrogated to the position of Paras Ram. The point raised in this appeal ... circumstances of the present case is not entitled to be subrogated to the position of the first mortgagee. The earliest important case-on this point
insurer's claim in the suit was that it was subrogated to the rights of the assured against the defendants, including the right ... opinion that, though plaintiff had armed itself with a letter of subrogation from the assured to the latter's rights and remedies in respect
Section 95 provides that a co-mortgagor in enforcing his rights of subrogation under Section 92 will be entitled to add to the mortgage money ... there was a certain amount of confusion in the law relating to subrogation. While Section 91 permitted redemption by a co-mortgagor, Sections
prior creditors.
10. The next class of cases deals with claims to subrogation. In no particular instance in this case can the simple doctrine ... subrogation, enunciated in Section 74 , T. P. Act, be applied. There are cases where the persons claiming subrogation have partially paid off the prior, secured
claimed in the suit and non-production of formal letter of subrogation was immaterial. Accordingly, as already stated, the suit was decreed in favour ... that on payment of a total loss, as here, the insurer is subrogated to all the rights and remedies of the insured person in respect
covenant and therefore the defendant is not entitled to be subrogated to the rights of the prior mortgagees.
2. Two conflicting views have been expressed ... party, is the third mortgagee entitled to claim a right of subrogation for the amount which he paid in discharge of the decree
amount in Mortgage Suit No. 15 of 1939, they had acquired by subrogation the rights of the prior mortgagee on the basis of the mortgage ... Article 132 , Limitation Act , and secondly, that the plaintiffs had not been subrogated to the rights of the prior mortgagee, namely, the defendant fifth party
