53 Ind. App. 225 | Ind. Ct. App. | 1913
— Sarah E. Chamness died intestate on March 3, 1909, leaving as her only heirs, appellant and his sister Ella Howell, children by a former marriage, and John W.
The judgment is reversed, with instructions to the trial court to sustain appellant’s motion for a new trial, and for further proceedings in accordance with this opinion.
Note. — Reported in 101 N. E. 323. See, also, under (1) 37 Cyc. 375, 393; (2) 11 Cyc. 791; (3) 37 Cyc. 370; (4) 37 Cyc. 393; (5) 37 Cyc. 392; (6) 37 Cyc. 443. As to subrogation generally and by whom it may be invoked, see 99 Am. St. 496. As to the right of one who advances money for the payment of a debt or incumbrance against a decedent’s estate to be subrogated to the creditor’s rights, see 11 Ann. Cas. 676.