SUBSTITUTION, chancery practice. This takes place in a case where a creditor¹ has a lien² on two different parcels of land, and another creditor has a subsequent lien on one only of the parcels, and the prior creditor elects to have his whole demand out of the parcel of land on which the subsequent creditor takes his lien; the latter is entitled, by way of substitution, to have the prior lien assigned to him for his benefit. 1 Johns. Ch. R. 409; 2 Hawk's Rep. 623; 2 Mason, R. 342. And in a case where a bond creditor exacts the whole of the debt from one of the sureties, that surety is entitled to be substituted in his place, and to a cession³ of his rights and securities, as if be were a purchaser, either against the principal or his co-sureties. Id. 413; 1 Paige's R. 185; 7 John. Ch. Rep. 211; 10 Watts⁴, R. 148.

2. A surety on paying the debt is entitled to stand in the place of the cre-ditor and to be subrogated to all his rights against the principal. 2 Johns. Ch. R. 454. 4 Johns. Ch. R. 123; 1 Edw. R. 164; 7 John. R. 584; 3 Paige's R. 117; 2 Call, R. 125; 2 Yerg. R. 346; 1 Gill & John. 346; 6 Rand. R. 98,; 8 Watts, R. 384. In Pennsylvania it is provided by act of assembly, that in all cases where a constable⁵ shall be entrusted⁶ with the execution of any process for the collection of money, and by neglect of duty shall fail to collect the same, by means whereof the bail⁷ or security of such constable shall be compelled to pay the amount of any judgment⁸ shall vest in the person paying, as aforesaid, the equitable⁹ interest in such judgment, and the amount due upon any such judgment may be collected in the name of the plaintiff for the use of such person. Pamphlet Laws, 1828-29, p. 370. Vide 2 Binn. R. 382, and Subrogation.

SUBSTRACTION, French law. The act of taking something fraudulently; it is generally applied¹⁰ to the taking of the goods of the estate of a deceased person fraudulently. Vide Expilation.

SUB-TENANT. The same as under-tenant. See Under-leaser; Under-tenant, and 1 Bell's Com. 76.

SUBTRACTION¹¹. The act of withhold¹² ing or detaining anything unlawfully.

SUBTRACTION OP CONJUGAL¹⁴ RIGHTS. The act of a hushand or wife by living separately from the other without a lawful¹³ cause. 3 Bl. Com. 94.