William Gans, Appellants v. Herman Thieme

Summary

The Court reversed the lower court, holding that the plaintiffs, who advanced money at the request of the estate to pay off the original mortgage, are entitled to be subrogated to the lien of that mortgage despite the absence of an express agreement. The decision rests on the doctrine of substitution and the principle that a volunteer cannot acquire an equitable lien, but the plaintiffs were not volunteers.