subrogation

The substitution of one person in the place of another with reference to a lawful claim or right against a third person. The principle that when one person has been compelled to pay a debt which ought to have been paid by another, he becomes entitled to exercise all the remedies which the creditor possessed against that other person. 50 Am J1st Subro § 2. Sometimes referred to as the doctrine of substitution. It is a device adopted or invented by equity to compel the ultimate discharge of a debt or obligation by him who in good conscience ought to pay it. It is the machinery by which the equity of one man is worked out through the legal rights of another. 50 Am J1st Subro §§ 2 et seq. This is a substitution of another person in place of the creditor to whose rights he succeeds in relation to the debt, and gives to the substitute all the rights, priorities, remedies, liens, and securities of the person for whom he is substituted. The principle of subrogation is broad enough to cover every instance in which one person is required to pay a debt for which another is primarily answerable, and which in equity and good conscience ought to be discharged by the latter. United States Fidelity & G. Co. v Bramwell, 108 Or 261, 217 P 332, 32 ALR 829. See conventional subrogation; legal subrogation.