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Wilson v. Todd
Indiana Supreme Court
217 Ind. 183, 26 N.E.2d 1003 (1940)
- Written by Alex Ruskell, JD
Facts
Roy Todd (defendant) stole $12,000 from Charles Wilson (plaintiff). A good portion of this money was used to pay off mortgages on land held by Roy and his wife, Ruth. Wilson sued and obtained a tort judgment against Roy, but the judgment was not satisfied. Wilson argued that he had a right of subrogation to the land’s now-discharged mortgages. The trial court denied Wilson’s argument, finding that Ruth was not involved in the fraud. Wilson appealed to the Indiana Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Shake, C.J.)
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