In an action at law, a surety can only recover of his co-sureties, solvent or insolvent, an aliquot part of the debt based on the whole number of sureties. This is the rule where the sureties are all liable for an equal amount. But in equity he may recover of the solvent co-sureties a pro rata amount of the money paid by him, on the basis of the number of the solvent sureties, excluding in computation the insolvent cosureties.59 Where the co-sureties are liable for varying sums they are bound in contribution, in proportion to the sums, for which they are bound.

55 Steele vs. Mealing, 24 Ala., 285;

Miller vs. Sawyer, 30 Vt., 412.

56 Leggett vs. McClelland, 39 Ohio St., 624; Lacy vs. Rollins, 74 Texas, 566. 57 Bo wen vs. Haskins, 45 Miss., 182. 58 Smith vs. Coulter, 6 Minn., 493.