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

Alabama Statutes

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

Alabama·Title 43 Wills and Decedents’ Estates·Ch. 2 Administration of Estates·Art. 4 Bonds of Executors and Administrators

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.

Alabama § 43-2-90 (Rights of Sureties Among Themselves) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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.)