Subrogation after full redemption of a prior mortgage can arise even where the decretal amount paid is less than the amount originally adjudged.

Section 92 of the Transfer of Property Act allows subrogation where the prior mortgage has been redeemed in full. Full redemption is not confined to payment of the entire decretal amount with interest if the mortgagee accepts a lesser sum in satisfaction and the mortgage is discharged. On the stated facts, the prior mortgage was treated as fully discharged, so the purchaser's successors were entitled to the earlier mortgagee's rights by subrogation. As a result, the later mortgage could not be enforced against them without first satisfying the prior charge.

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Issues: Whether a purchaser who pays the amount due under a prior mortgage decree acquires the mortgagee's rights by subrogation when the decree amount paid is less than the full amount originally adjudged.

Analysis: Section 92 of the Transfer of Property Act permits subrogation where the mortgage in respect of which the right is claimed has been redeemed in full. Full redemption does not necessarily require payment of the entire decretal amount with interest if the mortgagee accepts a smaller sum in satisfaction and the mortgage is discharged. On the facts, the prior mortgage was treated as fully discharged, and the successors of the purchaser were therefore entitled to the benefit of the earlier mortgagee's rights.

Conclusion: The defendants acquired the rights of the prior mortgagee by subrogation, and the plaintiff could not enforce the later mortgage without satisfying that prior charge.

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