this case involves the application of the equitable doctrine of i could have well subrogation so good doctrine which allows us in certain cases for one party to be substituted for the position of the company by the name of skyline one and and also another company which is not involved in this case s twelve l l c which were to borrowing at least from an overall liable personally guaranteed all those loans and all of them went into default and were novo was threatening legal action against lyle so we went to his grandfather for al on the property was subject to what was obtained with the proceeds of mortgage loan from an old hole financial that mortgage was subsequently reported in october of two thousand and thirteen able to take any discovery of the trial court so the facts surrounding the execution of the quickly deed the payment of the consideration well there was a contract between skyline and r segregation was inserted and nd would be a motivation for that i mean did the motivation seems to shift here of the motivation in the st complaint is that the same is in the surrounding the situation i believe that the doctrine of subrogation as an appropriate doctrine on i believe that if all of the facts come out we could to n o that was executed by lyle that the end note had attached to it the legal descriptions of all the properties that were going to be transferred to the to mr the scriptures all the properties putting the subject property on auto supply so there was a written agreement yet that ok so now i'm a little confused because didn't skyliner already conveyed your interest in the property be the subsequently in november of two thousand and fifteen while after or after he had been threatened with  lawsuits from an overall went to his grandfather and asked his grandfather to make a loan to pay off the noble which ultimately happened the wire transfer was sent on november th two thousand and fifteen to pay off all of the little hole loans on now it was routinely intended that skyline and s twelve would execute deeds contain title to the properties or were noble cause the properties to be conveyed to his land trust as consideration for the for the loan but an exhibit in the nd amended complaint is in the labs that he was a volunteer sorry collateral the sign it doesn't it it talks about assigning leases and rents and that is all furthermore on that point at the time that document was signed by those in this company skyline fraudulently sold the promise of starvation failing to disclose the underlying mortgage and ask those then apparently fraudulently convinced the plaintiffs to loan him money to pay off this and several other mor plaintive suited and received final judgment for the full amount plus costs in attorney's fees we are here today because plaintiff would rather collect that amount for margarine than his own grandson his collecting from his grandsons for all the plaintiff reps in the nd amended complaint that he paid the balance of a commercial loan which is executed by skyline wanting to protect the financial the nd amended complaint that he was not a volunteer is an erroneous legal conclusion that is not based on the facts before the court principle where one in voluntarily pays the debt of another succeeds to death to the rights of the original creditor in the ohio national life insurance case which was cited by it is well settled that a mere stranger volunteer cannot by paying the debt of another be submitted to the creditors rights court heard further help quote anyone who was under no legal legal obligation or liability to pay  was not made in the lower court as i did as i said previously that was not novel argument that was not me additionally and the reply birth place of made an argument that the payment was made due to a threat of not violence again it is a novel argument that was not made for years additionally that threat of mob violence apparently occurred over a year from start nearly a year after this payment was made were absolutely confused about how a threat a year later made this payment caused  at the time of the deed interest is invalid on its face because the grants or had no interest which to make it as a cloud and by its terms but the to trust not transfer any interest i want to make one thing to allow segregation or an equitable lien would not be at all or fair because it would further an injustice and fraud by the plaintiff's own grandson if plaintiff a segregated an innocent party w will be harmed plaintiff should not be allowed to recover twice for such an injury i would also like to discuss the the same day this was filed cases filed by the same plaintiff's attorney and both matters the properties if you were once owned by and asked us companies and both matters and asked us fortunately conveyed those properties to others without the president is fine we believe that the attorneys knew the law and that they continued with this case anyway even though they knew they never had a chance because of their decision in the bush years but that case was also as with our jim our jim had nothing to do with the execution of the i'm sorry of the mortgage just like bush was just the bush's a nascar is the one who benefited from all these loans and mortgages and consequential to whether is entitle to equitable subrogation plaintiff relies on a fact that immediately before his case began the property  i'm sorry the party that purchased the property from an astros at sold it to the bush so there was a made in between that that makes no difference the bushes did not have any special information that if the court affirms the circuit courts rule in our general receive substantially what it bargained for five years ago that is the promises leave free in exchange for one hundred and sixty thousand dollars plates of collateral duffy whatsoever mr duffy has been shown the utmost integrity through all of trial court proceeding in this proceeding and i have no reason to doubt his credibility whatsoever on we are both representing property free and clear of liens they received a quit claim deed from skyla that was subject to any liens or incumbrances on the property there's no evidence of any other agreement the same type of scenario was involved in the original transaction the original buyer from skyline was accompanied by the name of mirror star and to purchase the property from your star you were not involved in any of the underlying transactions and that any of the fraudulent activities by while could not be imputed to