Van der Walt's Trustees v Van Coller [1911] ZATPD 169 (28 December 1911)

Principal and Surety - lndemnity of Surety - Proof of Debt by Principal Creditor in Surety's Insolvency - Law 13 of 1895

A surety against whom judgment has been obtained by the principal creditor for the full amount of the guarantee, but who has not satisfied such judgment, can maintain an action against the principal debtor to compel him to obtain such surety's release or to satisfy the principal creditor's claim. For this purpose the allowance of the principal creditor's proof in the surety's insolvent estate, under Law 13 of 1895, is equivalent to a judgment.