Berry v. Bullock
Berry v. Bullock
Opinion of the Court
delivered the opinion of the court.
- .The facts do not' show abandonment of the homestead. There is no case made for legal or conventional subrogation. The bill is framed expressly on the theory, sustained by the proof, that appellants made a mere loan to Bullock on the contract and with the declared intent that Bullock should give appellants, as security, a new trust deed. There was no assignment of Rutledge’s trust deed. On the contrary, it was satisfied and discharged. There was no agreement, express or implied, that Rutledge’s trust deed was to be kept alive for the benefit of appellants. The proof clearly shows that appellants simply loaned the money to Bullock, January 1, 1896, and took his duebill, knowing that the money was to be paid to
We have found few witnesses whose truthfulness shines more clearly out under trying circumstances than did old Mrs. Bullock’s. She fulfills the psalmist’s definition, “ He that sweareth to his own hurt, and changeth not. ’ ’
Affirmed.
Reference
- Full Case Name
- Richard L. Berry v. Harriett Bullock
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- Statute of Frauds. Verbal promise to execute deed of trust. Loan. Use of money to satisfy mortgage. Subrogation. A lender of money who made a loan to enable the borrower to pay off a mortgage on his homestead, on the faith alone of a verbal promise to secure the debt by the execution of a deed of trust on the land, cannot enforce the verbal promise, and in a suit for that purpose the complainant will not be subrogated to the right of the mortgagee whose mortgage was satisfied with the borrowed money.