green
Positive treatment
34.5 score
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994
2010
2026
Top citers, strongest first. 37 distinct citers.
How cited ↗
cited
Cited as authority (rule)
Pennsylvania National Mutual Casualty Insurance Company v. Generali U.S. Branch
The “purpose of equitable subrogation is to prevent unjust enrichment of the debtor.” Babu, 340 8.W.3d at 925 (citing First Bank of Kerrville v. O'Dell, 856 S.W.2d 410, 415 (Tex. 1993)).
discussed
Cited as authority (rule)
Stephen S. L. Earley and Dorothy Ann Earley v. Nationstar Mortgage, L.L.C. A/K/A Mr. Cooper and U.S. Bank National Association, as Trustee for Banc of America Funding 2008-FT1 Trust, Mortgage Pass-Through Certificates, Series 2008-FT1
“The doctrine allows a third party who discharges a lien upon the property of another to step into the original lienholder’s shoes and assume the lienholder’s right to the security interest against the debtor.” Id. (citing First Nat’l Bank of 8 Kerrville v. O’Dell, 856 S.W.2d 410, 415 (Tex. 1993)).
cited
Cited as authority (rule)
U.S. Bank v. Lamell
Its general purpose “is to prevent unjust enrichment of the debtor.” Id. (citing First Nat’l Bank of Kerrville v. O’Dell, 856 S.W.2d 410, 415 (Tex. 1993)).
cited
Cited as authority (rule)
PNC Mortgage, a Division of PNC Bank, N.A. Succesor to National City Bank and National City Mortgage, a Division of National City Bank of Indiana v. John Howard and Amy Howard
Co. v. Jomar Int'l, Ltd., 259 S.W.3d 140, 142 (Tex. 2008); First Nat'l Bank of Kerrville v. O'Dell, 856 S.W.2d 410, 415 (Tex. 1993). 38 to pay it.
discussed
Cited as authority (rule)
2012 Properties, LLC v. Garland Independent School District
(2×)
also: Cited "see"
G. 46 Frymire, 259 S.W.3d at 145 (quoting First Nat'l Bank of Kerrville v. O'Dell, 856 S.W.2d 410, 415 (Tex. 1993)). 47 2 RR 18–19, Appx.
discussed
Cited as authority (rule)
Carrington Mortgage Services, LLC and Deutsch Bank Trust Company, as Indenture Trustee for New Century Home Equity Loan Trust 2005-2 v. Larrie Hutto and Bonnie Hutto
Id. the purpose of equitable subrogation is “to prevent the unjust enrichment of the debtor who the debt that is paid.” First Nat’l Bank of Kerrville v. O’Dell, 856 S.W.2d 410, 415 (Tex. 1993). (emphasis).
discussed
Cited as authority (rule)
Nate D. Sanders, Inc. AND Baumgardner Funeral Home, Inc., and Allen S. Baumgardner, Sr. v. Robert Edward Lee Oswald
(2×)
also: Cited "see"
Rather, the inquiry is whether the Bank v. O'Dell, 856 S.W.2d 410, 415 (Tex. 1993); Farm debtor would be unjustly enriched if subrogation does Credit Bank, 886 S.W.2d at 310. not occur.
cited
Cited as authority (rule)
In re Morales
First Nat’l Bank of Kerrville v. O’Dell, 856 S.W.2d 410, 415 (Tex.1993) (citing Faires, 31 S.W. at 194 ).
discussed
Cited as authority (rule)
Monaco v. Monaco (In re Monaco)
(2×)
First Nat’l Bank of Kerrville v. O’Dell, 856 S.W.2d 410, 415 (Tex.1993).
discussed
Cited as authority (rule)
Dan Dees v. Sarah Marie Dees and David Vernon Dees
(2×)
also: Cited "see"
The supreme court has stated, “[T]his court has always made it clear that the payment had to be for the benefit of the debtor—i.e., an obligor on the debt—at the time of the ‘subrogation’ transaction, for the doctrine to apply.” O’Dell, 856 S.W.2d at 415 (emphasis in original).
examined
Cited as authority (rule)
Lyda Swinerton Builders, Inc. v. Cathay Bank
(4×)
also: Cited "see"
Bank, 854 S.W.2d at 286 ; cf. First Nat’l Bank of Kerrville v. O’Dell, 856 S.W.2d 410, 416 (Tex. 1993) (where “[b]ank through its ‘secret’ (as to [junior lienholder]) foreclosure would obtain the title and extra equity” and deprive junior lienholder of his interest, court “would not allow such an inequitable result under the guise of ‘equitable’ subrogation”). 2.
discussed
Cited as authority (rule)
Bundren v. Holly Oaks Townhomes Ass'n, Inc.
A payment is voluntary when the payor acts “without any assignment or agreement for subrogation, without being under any legal obligation to make payment, and without being compelled to do so for the preservation of any rights or property.” Id. at 145 (quoting First Nat’l Bank of Kerrville v. O’Dell, 856 S.W.2d 410, 415 (Tex.1993)).
discussed
Cited as authority (rule)
Bank of America v. Babu
(2×)
First Nat’l Bank of Kerrville v. O’Dell, 856 S.W.2d 410, 415 (Tex.1993); Murray, 257 S.W.3d at 299 .
cited
Cited as authority (rule)
Alvarado Land Development, Inc. v. Sewell (In Re Sewell)
Bank of Kerrville v. O’Dell, 856 S.W.2d 410, 415 (Tex.1993) (citing Oury v. Saunders, 77 Tex. 278, 280 , 13 S.W. 1030, 1031 (1890)).
discussed
Cited as authority (rule)
Casstevens v. Smith
The doctrine of equitable subrogation “is not applied for the mere stranger or volunteer who has paid the debt of another, without any assignment or agreement for subrogation, without being under any legal obligation to make payment, and without being compelled to do so for the preservation of any rights or property of his own.” First Nat’l Bank of Kerrville v. O’Dell, 856 S.W.2d 410, 415 (Tex.1993) (quoting Oury v. Saunders, 77 Tex. 278, 280 , 13 S.W. 1030, 1031 (1890)); Langston v. GMAC Mortgage Corp., 183 S.W.3d 479, 481 (Tex.App.-Eastland 2005, no pet.).
discussed
Cited as authority (rule)
Ann Casstevens, Individually and on Behalf of Kenneth Casstevens v. Daniel Smith and Shannon Smith
The doctrine of equitable subrogation "is not applied for the mere stranger or volunteer who has paid the debt of another, without any assignment or agreement for subrogation, without being under any legal obligation to make payment, and without being compelled to do so for the preservation of any rights or property of his own." First Nat'l Bank of Kerrville v. O'dell , 856 S.W.2d 410, 415 (Tex. 1993) (quoting Oury v. Saunders , 77 Tex. 278, 280 , 13 S.W. 1030, 1031 (1890)); Langston v. GMAC Mortgage Corp. , 183 S.W.3d 479, 481 (Tex. App.--Eastland 2005, no pet.).
discussed
Cited as authority (rule)
Ann Casstevens, Individually and on Behalf of Kenneth Casstevens v. Daniel Smith and Shannon Smith
The doctrine of equitable subrogation "is not applied for the mere stranger or volunteer who has paid the debt of another, without any assignment or agreement for subrogation, without being under any legal obligation to make payment, and without being compelled to do so for the preservation of any rights or property of his own." First Nat'l Bank of Kerrville v. O'dell, 856 S.W.2d 410, 415 (Tex. 1993) (quoting Oury v. Saunders, 77 Tex. 278, 280 , 13 S.W. 1030 , 1031 5 (1890)); Langston v. GMAC Mortgage Corp., 183 S.W.3d 479, 481 (Tex. App.—Eastland 2005, no pet.).
cited
Cited as authority (rule)
Murray v. Cadle Co.
First Nat’l Bank v. O’Dell, 856 S.W.2d 410, 415 (Tex.1993).
cited
Cited as authority (rule)
Frymire Engineering Co. Ex Rel. Liberty Mutual Insurance Co. v. Jomar International, Ltd.
First Nat’l Bank of Kerrville v. O’Dell, 856 S.W.2d 410, 415 (Tex.1993) (quoting Oury v. Saunders, 77 Tex. 278 , 13 S.W. 1030, 1031 (1890)). 21 .
cited
Cited as authority (rule)
Jennifer Hulen and James Hulen v. Joe Hamilton
First Nat’l Bank of Kerrville v. O’Dell , 856 S.W.2d 410, 415 (Tex. 1993) ; Smart v. Tower Land & Inv.
cited
Cited as authority (rule)
Lasalle Bank National Ass'n v. White
First Nat’l Bank of Kerrville v. O’Dell, 856 S.W.2d 410, 415 (Tex.1993) (citing Faires, 31 S.W. at 194 ).
discussed
Cited as authority (rule)
LaSalle Bank National Ass'n v. White
(2×)
First Nat’l Bank of Kerrville v. O’Dell, 856 S.W.2d 410, 415 (Tex.1993); see also Langston v. GMAC Mortg.
discussed
Cited as authority (rule)
Frymire Engineering Co. Ex Rel. Liberty Mutual Insurance Co. v. Jomar International, Ltd.
(2×)
also: Cited "see, e.g."
Bank of Kerrville v. O’Dell, 856 S.W.2d 410, 415 (Tex.1993).
discussed
Cited as authority (rule)
Langston v. GMAC Mortgage Corp.
(2×)
also: Cited "see"
First Nat’l Bank of Kerrville v. O’Dell, 856 S.W.2d 410, 415 (Tex.1993).
discussed
Cited as authority (rule)
Wausau Underwriters Insurance Co. v. General Electric Co.
First Nat’l Bank of Kerrville v. O’Dell , 856 S.W.2d 410, 415 (Tex. 1993) (holding doctrine did not apply when creditor paid off other creditors’ liens, without benefit to debtor).
cited
Cited as authority (rule)
Drilltec Technologies, Inc. v. Remp
First Nat’l Bank of Kerrville v. O’Dell, 856 S.W.2d 410, 415 (Tex.1993) (holding doctrine did not apply when creditor paid off other creditors’ liens, without benefit to debtor).
cited
Cited as authority (rule)
Matagorda County v. Texas Ass'n of Counties County Government Risk Management Pool
Bank of Kerrville v. O’Dell, 856 S.W.2d 410, 415 (Tex.1993) (citing Oury v. Saunders, 77 Tex. 278, 280 , 13 S.W. 1030, 1031 (1890)).
discussed
Cited as authority (rule)
Medina v. Herrera
(2×)
First Nat’l Bank of Kerrville v. O’Dell, 856 S.W.2d 410, 415 (Tex.1993); American Centennial Ins. v. Canal Ins.
cited
Cited as authority (rule)
Farm Credit Bank of Texas v. Ogden
First Nat’l Bank v. O’Dell, 856 S.W.2d 410, 415 (Tex.1993).
discussed
Cited "see"
F.H. v. F.H.
See Hulen v. Hamilton, No. 2-06-288-CV, 2008 WL 553812 , at *3 (Tex. App.—Fort Worth, Feb. 28, 2008, no pet.) (mem. op.) (first citing First Nat’l Bank of Kerrville v. O’Dell, 856 S.W.2d 410, 415 (Tex. 1993); and then citing Smart, 597 S.W.2d at 337 ).
discussed
Cited "see"
Ditech Servicing, LLC v. Jerry Perez D/B/A Lighthouse Investments
Prac. § 4:8 (2d ed.) (internal quotations omitted); In re Bank of Am., NA, No. 01-02-00867- CV, 2003 WL 22310800 , at *4 n.6 (Tex. App.—Houston [1st Dist.] Oct. 9, 2003, no pet.) (mem. op. on reh’g). 7 pay money) is necessary to support a lien; the lien is affixed to land as security for some obligation to pay money.” Id. at 411 n.10 (quoting Calvert v. Hull, 475 S.W.2d 907, 911 (Tex. 1972)); see First Nat’l Bank of Kerrville v. O’Dell, 856 S.W.2d 410, 415 (Tex. 1993) (providing that satisfaction of the underlying debt discharges the lien).
discussed
Cited "see"
BBVA Compass A/K/A Compass Bank, Successor in Interest to Texas State Bank v. Adolfo Vela and Leticia Vela
See First Nat’l Bank of Kerrville v. O’Dell, 856 S.W.2d 410, 415 (Tex. 1993) (discussing discharge of a lien through judicial foreclosure or satisfaction of the note); TEX.
cited
Cited "see"
In the Matter Of: Jose D. Cueva, Debtor. Vincent Bustamante, Appellant-Cross-Appellee v. Jose D. Cueva, Jose D. Cueva Ocwen Federal Bank, Fsb Norwest Bank Minnesota, Individually and as Trustee for the Amresco Residential Securities Mortgage Loan Trust 1998-3 Amresco Residential Securities Mortgage Loan Trust 1998-3, Settle & Pou Professional Corporation, Appellee-Cross-Appellant
See First Nat'l Bank of Kerrville v. O'Dell, 856 S.W.2d 410, 415-16 (Tex.1993); see also In re Mendoza, 111 F.3d 1264 , 1271 (5th Cir.1997)(Justice, J., concurring and dissenting in part).
cited
Cited "see"
Bustamante v. Cueva (In Re Cueva)
See First Nat’l Bank of Kerrville v. O’Dell, 856 S.W.2d 410, 415-16 (Tex.1993); see also In re Mendoza, 111 F.3d 1264 , 1271 (5th Cir.1997)(Justice, J., concurring and dissenting in part).
discussed
Cited "see"
World Help v. Leisure Lifestyles, Inc.
(2×)
See First Nat’l Bank v. O’Dell, 856 S.W.2d 410, 415 (Tex.1993); Farm Credit Bank, 886 S.W.2d at 310 .
cited
Cited "see"
Crowder v. Benchmark Bank
Smart, 597 S.W.2d at 337-38; see First Nat’l Bank v. O’Dell, 856 S.W.2d 410, 415 (Tex.1993).
cited
Cited "see, e.g."
Vogel v. Glickman
Faires v. Cockrill, 88 Tex. 428, 437 , 31 S.W. 190 , 194 (1895) (emphasis added); see also First Nat’l Bank v. O’Dell, 856 S.W.2d 410 (Tex.1993).
Retrieving the full opinion text from the archive…
TRANSPORT INDEMNITY CO., Et Al.
v.
ORGAIN, BELL & TUCKER, Et Al.
v.
ORGAIN, BELL & TUCKER, Et Al.
D-3474.
Texas Supreme Court.
Jun 16, 1993.
K. Jill Vandagriff and Arthur K. Smith, Dallas, for petitioners., John P. Scott, Houston, for respondents.
Per Curiam.
Published
PER CURIAM.
Petitioners’ application for writ of error is denied. The Court neither approves nor disapproves of the court of appeals’ 846 S.W.2d 878, analysis of the issue of bad faith under Tex.Bus. & Com.Code § 17.50(c).