15 Mississippi opinions name it 3 courts 1844–2020 0 in the last five years
The cases below were cited by Mississippi courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
First Nat. Bank of Jackson v. Huffgreen2 sentences2020Bank of Clarksdale, 150 So. 3d 683, 687 (¶11) (Miss. 2014) (citing First Nat’l Bank of Jackson v. Huff, 441 So. 2d 1317, 1319 (Miss. 1983)). 2014Subrogation is an equitable doctrine whereby a court may circumvent the race-notice principles and substitute a later-filed lien into the primary lien holder position on a tract of real estate, such that the substitute creditor “succeeds to the rights of the other in relation to the debt or claim, and its rights, remedies, or securities.” First Nat’l Bank of Jackson v. Huff, 441 So.2d 1317, 1319 (Miss.1983). | 4 | 4 |
Ellis v. Powegreen2 sentences2014“The subrogee steps into the shoes of the subrogor with respect to the debt or claim.” Id. 2014Co., 954 So.2d 514, 517 (¶ 7) (Miss.Ct.App.2007) (quoting Ellis v. Powe, 645 So.2d 947, 951 (Miss.1994)). | 3 | 3 |
Hutson v. State Farm Fire & Casualty Companygreen2 sentences2014Co., 954 So.2d 514, 517 (¶ 7) (Miss.Ct.App.2007) (quoting Ellis v. Powe, 645 So.2d 947, 951 (Miss.1994)). 2012In Hutson, 954 So.2d at 517 (¶ 7), this Court held: Subrogation has been defined by the Mississippi Supreme Court as follows: Subrogation is the substitution of one person in the place of another, whether as a creditor or as the possessor of any rightful claim, so that he who is substituted succeeds to the rights of the other in relation to the debt or claim, and to its rights, remedies, or securities. | 2 | 2 |
Community Trust Bank of Mississippi v. First National Bank of Clarksdalegreen2 sentences2020Bank of Clarksdale, 150 So. 3d 683, 687 (¶11) (Miss. 2014) (citing First Nat’l Bank of Jackson v. Huff, 441 So. 2d 1317, 1319 (Miss. 1983)). 2017Equitable subrogation, which has been recognized and its application encouraged by the Mississippi Supreme Court, is the “doctrine whereby a court may ... substitute a later-filed lien into the primary lien[-]holder position on a tract of real estate, such that the substitute creditor succeeds to the rights of the other in relation to the debt or claim, and its rights, remedies, or securities.” Id. at (¶ 11) (internal quotations marks and citations omitted). | 1 | 2 |
In Re Braniff Airways, Inc.green1 sentence2004For debts and claims to be mutual they must be "owing between the same parties, in the same right or capacity, and must be of the same kind or quality." In re Brantiff Airways, Inc., 42 B.R. 443, 449 (Bankr. | 1 | 1 |
Payne v. Stategreen1 sentence1999More importantly, the majority ignores Payne v. State, 462 So.2d 902, 904-05 (Miss.1984), where this Court specifically stated: The defendant’s assertion here is that an imprisonment for a fine is tantamount to imprisonment for a debt in violation of Article 3, Section 30 of the Mississippi Constitution. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Union Mortgage, Banking & Trust Co. v. Peters & Trezevant
green
2 sentences2005Words and Phrases Vol. 7, p. 6722.' Trust Company v. Peters, 72 Miss. 1058 , 18 So. 497 , 30 L.R.A. 829 ." First Nat'l Bank of Jackson v. Huff, 441 So.2d 1317, 1319 (Miss.1983). 2004Words and Phrases Vol. 7, p. 6722.’ 8 Trust Company v. Peters, 72 Miss. 1058 , 18 So. 497 , 30 L.R.A. 829 .” First Nat’l Bank of Jackson v. Huff, 441 So.2d 1317, 1319 (Miss. 1983). | 3 | 1983–2005 |
ST. PAUL PROPERTY & LIABILITY v. Nance
green
2 sentences2012Id. (citing Nance, 577 So.2d at 1241 ). 2012Id. (citing Nance, 577 So.2d at 1241 ). | 2 | 2007–2012 |
In Re Morgan
green
1 sentence2004In order to establish this right under the bankruptcy code "a creditor must prove: 1) a debt owed by the creditor against the debtor which arose prior to the commencement of the bankruptcy *777 case; 2) a claim of the creditor against the debtor which arose prior to the commencement of the bankruptcy case; and 3) the debt and claim must be mutual obligations." In re Morgan, 77 B.R. at 83 . | 1 | 2004–2004 |
Ind. Lumbermen's Mut. Ins. v. Curtis Mathes
green
2 sentences1991In Indiana Lumbermens Mutual Insurance Company v. Curtis Mathes Manufacturing Company, 456 So.2d 750 (Miss. 1984), this Court repeated the familiar definition: Subrogation is the substitution of one person in place of another, whether as a creditor or as the possessor of any rightful claim, so that he who is substituted *1241 succeeds to the rights of the other in relation to the debt or claim, and to its rights, remedies, or securities. 1991Curtis Mathes, 456 So.2d at 754 . | 1 | 1991–1991 |
Robinson v. Sullivan
green
2 sentences1984Our own cases hold, "Subrogation is the substitution of one person in place of another, whether as a creditor or as the possessor of any rightful claim, so that he who is substituted succeeds to the rights of the other in relation to the debt or claim, and to its rights, remedies, or securities." Lyon, et al v. Colonial United States Mortgage Company, 129 Miss. 54 , 91 So. 708 (1922); Robertson v. Sullivan, et al, 102 Miss. 581 , 59 So. 846 (1912). 1984Our own cases hold, "Subrogation is the substitution of one person in place of another, whether as a creditor or as the possessor of any rightful claim, so that he who is substituted succeeds to the rights of the other in relation to the debt or claim, and to its rights, remedies, or securities." Lyon, et al v. Colonial United States Mortgage Company, 129 Miss. 54 , 91 So. 708 (1922); Robertson v. Sullivan, et al, 102 Miss. 581 , 59 So. 846 (1912). | 1 | 1984–1984 |
Lyon v. Colonial United States Mortgage Co.
green
2 sentences1984Our own cases hold, "Subrogation is the substitution of one person in place of another, whether as a creditor or as the possessor of any rightful claim, so that he who is substituted succeeds to the rights of the other in relation to the debt or claim, and to its rights, remedies, or securities." Lyon, et al v. Colonial United States Mortgage Company, 129 Miss. 54 , 91 So. 708 (1922); Robertson v. Sullivan, et al, 102 Miss. 581 , 59 So. 846 (1912). 1984Our own cases hold, "Subrogation is the substitution of one person in place of another, whether as a creditor or as the possessor of any rightful claim, so that he who is substituted succeeds to the rights of the other in relation to the debt or claim, and to its rights, remedies, or securities." Lyon, et al v. Colonial United States Mortgage Company, 129 Miss. 54 , 91 So. 708 (1922); Robertson v. Sullivan, et al, 102 Miss. 581 , 59 So. 846 (1912). | 1 | 1984–1984 |
American Nat. Ins. Co. v. United States Fidelity & G. Co.
green
1 sentence1984In American National Insurance Company v. United States Fidelity & Guaranty Company, 215 So.2d 245 (Miss. 1968), American had a fidelity insurance policy with Insurance Company of North America. | 1 | 1984–1984 |
Dubois v. Dubois
green
1 sentence1845Dubois v. Dubois, 6 Cow. 494 . | 1 | 1845–1845 |
Hughes v. Edwards
green
1 sentence1844Belknap v. Gleason, 6 Conn. Rep. 160 ; Hughes v. Edwards, 9 Wheaton Rep. 489 ; Lingan v. Henderson, 1 Bland’s Ch. | 1 | 1844–1844 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.