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Wilson v. Todd

Indiana Supreme Court

217 Ind. 183, 26 N.E.2d 1003 (1940)

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

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Issue

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Holding and Reasoning (Shake, C.J.)

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The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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