Dabney v. Brigman Motors Co.

(After stating the foregoing facts.) “A surety who has paid the debt of his principal is subrogated, both at law and in equity, to all the rights of the creditor, and, in a controversy with other creditors, ranks in dignity the same as the creditor whose claim he paid.” Civil Code (1910), § 3567. “He is entitled, also, to be substituted in place of the creditor as to all securities held by him for the payment of the debt.” Civil Code, § 3568. Since the adoption of the code, not only is he entitled to maintain his suit in equity against his principal upon the implied promise of…