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affirmed agreement Alex Hart Am.St.Rep amount applied Arant assignment Bank Bankruptcy becomes benefit bond bound cause of action cipal debtor claim compelled to pay compensated surety consent contract conveyance cosureties court of equity credi creditor creditor's rights curity decree default defense discharges the surety doctrine duty enforce entitled to contribution executed exoneration extent fact Fermac Fidelity Company fraudulent conveyance Garber Gholson grantee guaran guarantor guaranty held implied indemnify indemnity indorser insolvent interest Jason Hart judg judgment jurisdiction latter lease lessee liable Martinsville ment Menzies mortgage mortgagor Ohio St Osborne paid payment performance personal sureties plaintiff principal debtor PRINCIPAL OBLIGATION principal's reason recover release remedy Restatement of Security right of contribution right of subrogation rule Savin Simpson solvent sureties Statute of Frauds statute of limitations subrogation suit supra sure surety company surety's promise surety's right surety's risk Suretyship Timberlake tion tract trust tyship