Reed v. Liberty National Bank & Trust Co.

1. “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” (Civil Code of 1910, § 3567), and is entitled to recover from his cosurety (where there are only two sureties) half of the amount paid by him, *545with interest thereon and attorney’s fees, provided the debt paid by the surety was past due and the statutory notice of suit was given. See, in this connection, Civil Code (1910), § 3552; Youmans v. Puder, 13 Ga. App. 785 (80 S. E. 34).

Decided January 12, 1932. Hitch, Denmark & Lovetl, for plaintiff. Anderson, Gann & Gann,…