Georgia Code
Article 3 - Rights of Surety Against Principal, Cosureties, and Third Persons
§ 10-7-47. Control of Execution and Judgment by Surety — Subrogation to Plaintiff’s Rights

Any surety on the original contract, or on stay of execution, or on appeal, or in any other way, or the representative of a deceased surety, who shall have paid off or discharged the judgment or execution in whole or in part and shall have the fact of such payment by him entered on such execution by the plaintiff or his attorney or the collecting officer, shall have the control of such execution and the judgment upon which it is founded, to the same extent as if he were the original plaintiff therein, and be subrogated to all the rights of such plaintiff, for the purpose of reimbursing himself from his principal.
History. Laws 1810, Cobb’s 1851 Digest, p. 592; Laws 1826, Cobb’s 1851 Digest, p. 594; Laws 1831, Cobb’s 1851 Digest, p. 595; Laws 1845, Cobb’s 1851 Digest, p. 598; Code 1863, § 2145; Code 1868, § 2140; Code 1873, § 2167; Code 1882, § 2167; Civil Code 1895, § 2986; Civil Code 1910, § 3558; Code 1933, § 103-308.

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Structure Georgia Code

Georgia Code

Title 10 - Commerce and Trade

Chapter 7 - Suretyship

Article 3 - Rights of Surety Against Principal, Cosureties, and Third Persons

§ 10-7-40. Attachment Against Principal

§ 10-7-41. Action for Money Paid, Interest, and Costs — Right of Surety or Endorser

§ 10-7-42. Action for Money Paid, Interest, and Costs — Effect of Judgment Against Surety

§ 10-7-43. Action for Money Paid, Interest, and Costs — Recovery of Usury Paid by Surety

§ 10-7-44. Foreclosure of Mortgage or Enforcement of Security Given by Principal