Hogan v. Maxey

■Deen, Judge.

1. “Every .action shall be prosecuted in the name of the real party in interest.” Code Ann. § 81A-117. At the time this bail trover proceeding was filed against Maxey by Farmers Bank, Union Point, Ga., the bank held a note signed by Maxey on which Hogan was surety, and security in the form of a bill of sale to secure debt to property of Maxey which is the subj ect of this action. A few days prior to filing the suit, Hogan paid off the debt to the bank but did not obtain an assignment of the bill of sale to secure debt. By payment the surety was subrogated to all of the creditor’s…