Magee v. Leggett

Citations

• 48 Miss. 139

Syllabus

<p>1. Limitations — sureties.—It is too well settled to admit of controversy that at law, in favor of a surety, the cause of action accrues and the statute begins to run when the surety pays the money.</p> <p>2. Sureties — subrogation.—A surety who pays all the judgment debt of his principal, or who pays part of it and the principal the balance, will be subrogated to all the benefits and privileges which the creditor had, by means of his judgment against the principal, and made to stand in the judgment creditor’s shoes as against the principal debtor. But otherwise, if the surety has made only part payment and any balance remains unpaid, because, in that case, the surety has not entirely divested the rights of the creditor.</p>