Cordele Grocery Co. v. Thigpen , 4 Ga. App. 643 ( 1908 )

Powell, J.

This case is controlled by Cloud v. Scarborough, 3 Ga. App. 7 (59 S. E. 202). Where a mortgage on the property oí the principal debtor is taken simultaneously with the creation of the suretyship, the creditor owes to the surety the duty of having it properly probated and recorded within a reasonable time, and a failure to do this relieves the surety. Judgment affirmed.