Subrogation

The substitution of one thing for another or of one persen into the place of another with respect to rights, claims or securities. Subrogation is of two kinds, either conventional or legal; the former being where the subrogation is express, by the acts of the creditor and the third person; the latter being (as in the case of sureties) where the subrogation is effected or implied by the operation of the law.

See Gordon v. Stewart, 4 Neb. (Unof.) 852, 96 N. W. 628; Connecticut Mut. L. Ins. Go. v. Cornwell, 72 Hun, 199, 25 N. Y. Supp. 348; Seeley v. Bacon (N. J. Ch.) 34 Atl. 140; Home Sav. Bank v. Bier-stadt, 168 III. 618, 48 N. E. 161, 61 Am. St Rep. 146.

Subrogation denotes the putting a third person who has paid a debt in the place of the creditor to whom he has paid it, so as that he may exercise against the debtor all the rights which the creditor, lf unpaid, might have done. Brown. The equity by which a person who la secondarily liable for a debt, and has paid it, is put in the place of the creditor, so as to entitle him to make use of all the securities and remedies possessed by the creditor, in order to enforce the right of exoneration as against the principal debtor, or of contribution agninst others who are liable in the same rank as himself.

Bisp. Eq. § 335. And see Fuller v. Davis, 184 111. 5O6, 56 N. E. 791: Chaffe v. Oliver, 39 Ark. 542; Cockrum v. West, 122 Ind. 372, 23 N. E. 140 ; Mansfield v. New York, l65 N. Y. 208, 58 N. E. 889 ; Knighton v. Carry, 62 Ain. 404; Gatewood v. Gatewood, 75 Va. 411.