MORTGAGES - SUBROGATION OF A VOLUNTEER

After the marriage of the plaintiff to Victor Scheutz the latter's mother conveyed certain property to Victor and his sister, Viola, subject to an outstanding mortgage which the grantees assumed. Immediately after the completion of this transaction Victor and Viola, with plaintiff joining to release her dower, executed deeds of reconveyance to their mother. Thereafter Victor, Viola, and their mother, and plaintiff used the premises as a summer cottage until 1939, when plaintiff was granted a divorce. In 1932 upon request by the mortgagee for part payment of the mortgage debt plaintiff paid it in full.

In this action, instituted subsequent to the divorce, plaintiff seeks to be subrogated to the lien of the mortgagee. Held, plaintiff was a volunteer and may not invoke the relief sought. Schuetz v. Schuetz, 237 Wis. 1, 296 N. W. 70 (1941).