MORTGAGES - SUBROGATION OF ONE WHOSE LOAN IS USED TO PAY A SENIOR MORTGAGE

S mortgaged the property in question to U, then conveyed the land and certain water rights to H, who gave a second mortgage on the land to M. Thereafter H conveyed the land and water rights to F, who borrowed from Z funds to retire the first mortgage, giving to Z a mortgage which it was agreed between F and Z should be a first mortgage, and transferring to Z the water rights as additional security. In an action by M to foreclose, held, Z was entitled to subrogation to the position of first mortgagee as against M, notwithstanding Z did not examine the abstract or record which would have shown the subsequent mortgage to M. Martin v. Hickenlooper, (Utah 1936) 59 P. (2d) u39.