A surety who has paid the debt of his principal shall also be entitled to be substituted in place of the creditor as to all securities held by him for the payment of the debt.
History. Orig. Code 1863, § 2156; Code 1868, § 2151; Code 1873, § 2177; Code 1882, § 2177; Civil Code 1895, § 2996; Civil Code 1910, § 3568; Code 1933, § 103-502.
Structure Georgia Code
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
§ 10-7-45. Proof of Suretyship — by Parol
§ 10-7-46. Proof of Suretyship — After Judgment
§ 10-7-47. Control of Execution and Judgment by Surety — Subrogation to Plaintiff’s Rights
§ 10-7-48. Control of Execution and Judgment by Surety — When Sued Separately
§ 10-7-49. Payment Pending Action; Judgment for Plaintiff for Use of Surety
§ 10-7-51. Compelling Contribution — Interest on Sum Recovered as Contribution
§ 10-7-53. Compelling Contribution — Controlling Action on Debt and Judgments Therein
§ 10-7-54. Endorser’s Right to Control Judgment on Debt and Execution Thereon
§ 10-7-55. Protection of Bona Fide Purchasers When Surety Controls Judgment
§ 10-7-56. Subrogation to Rights of Creditor — Priority of Claim
§ 10-7-57. Subrogation to Rights of Creditor — as to Securities Held by Creditor