U.S. Bank National Assn. v. Lame
This is an appeal from the denial of plaintiffs request for a preliminary injunction, by which plaintiff sought to enjoin defendant from executing on certain real property against which defendant has a judgment lien. Plaintiff claims it is subrogated to the interests of prior lien holders and encumbrancers whose interests in the property predated defendants judgment lien, and therefore plaintiffs interest takes priority. Plaintiff contends it will suffer irreparable injury through the loss of its security if defendant is permitted to sell the property at an execution sale. Court conclude the trial court misinterpreted and misapplied the law of equitable subrogation and therefore reverse.
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