New Mexico has long recognized vendors' liens. See, Logan v. Emro Chemical Corp., 48 N.M. 368, 151 P.2d 329 (1944); and see, also, Zumwalt v. Goodwin, 133 F.2d 984 (10th Cir. 1943). But, as stated, recognition or non-recognition of the lien is not the question before us.
Subrogation being an equitable remedy and subject to equitable principles, White v. Sutherland, 92 N.M. 187, 585 P.2d 331 (Ct.App. 1978), Intervenor may not be deprived of its right to collect from defendants what it paid on behalf of plaintiff when plaintiff, either by cleverness or ineptitude, avoids the responsibility of proving those damages which inhered in the trial court's exclusion of Intervenor from the trial proceedings. In other words, equity regards that as done which ought to be done. Logan v. Emro Chemical Corporation, 48 N.M. 368, 151 P.2d 329 (1944). Plaintiff's failure to deny Intervenor's allegations was to recognize in Intervenor its equitable right to recover medical expenses paid on her behalf.