Cases On Certain Equitable Doctrines And Remedies

Cover Cases On Certain Equitable Doctrines And Remedies
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This Trotter testifies to, and the nature of the transaction itself would satisfy, one that such must have been the case." The failure of appellee or her agent to learn of Billings' trust deed was not negligence which would bar her right to relief, when the only notice is constructive, and not actual. Tyrrell v. Ward, supra; Young v. Morgan, 89 111. 199; Smith v. Dinsmoor, 119 id.
656; Campbell v. Trotter, supra.
The contention urged by appellants that the payment made by appellee was that of a
... mere volunteer, cannot be sustained. Where a payment is made at the request of the debtor, the person so paying is never a volunteer ; and in this case, the payment having been made at the request of the debtor, appellee was not a volunteer, merely.
Emmert v. Thompson, 49 Minn. 386; London Co. v. Tracy, ^58 id.
201 ; Carr V. Caldwell, 10 Cal. 380; 24 Am. & Eng. Ency. of Law 290.
The judgment of the appellate court for the First District is affirmed. 3 Judgment affirmed.
"Accord: Union Mtq.

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