Alabama § 43-2-90 Rights of Sureties Among Themselves

Alabama Statutes

§ 43-2-90 — Rights of Sureties Among Themselves

Alabama § 43-2-90

Title 43Wills and Decedents’ Estates

Ch. 2Administration of Estates

Art. 4Bonds of Executors and Administrators

This text of Alabama § 43-2-90 (Rights of Sureties Among Themselves) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 43-2-90 (2026).

Text

The sureties in either bond, who have been compelled to make any payment thereon for the principal obligor, on a breach subsequent to the execution of the last bond, have the same remedies against the sureties on the remaining bonds as cosureties have against each other and may recover against such sureties such an amount as shall be in the same proportion to the sum paid by the plaintiff as the aggregate penalty of the two bonds bears to the penalty of the bond of the defendant, apportioning the same among the solvent sureties.

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The sureties in either bond, who have been compelled to make any payment thereon for the principal obligor, on a breach subsequent to the execution of the last bond, have the same remedies against the sureties on the remaining bonds as cosureties have against each other and may recover against such sureties such an amount as shall be in the same proportion to the sum paid by the plaintiff as the aggregate penalty of the two bonds bears to the penalty of the bond of the defendant, apportioning the same among the solvent sureties.

Legislative History

(Code 1852, §1717; Code 1867, §2038; Code 1876, §2407; Code 1886, §2059; Code 1896, §106; Code 1907, §2553; Code 1923, §5775; Code 1940, T. 61, §109.)