§ 16-107-202 — Breach of condition to pay money

(a) In all actions brought upon bonds to which there is a condition or defeasance annexed by which the bond is to become void on the payment of a less sum, the plaintiff shall set out the condition in his or her complaint and may assign as many breaches as he or she may think proper. (b) The defendant in the action may plead payment of the principal sum and interest due by the condition of the bond before the commencement of the action in bar thereof, although the payment was not strictly according to the condition. (c) Whenever any action shall be pending on the bond, the defendant may, at any time before judgment rendered in the action, pay to the plaintiff, or bring into court for the plaintiff's use, the principal sum and interest due on the bond, together with the costs in the action, and thereupon the action shall be discontinued. (d) If judgment is recovered on any such bond, the judgment shall be rendered for the sum of money really due, according to the condition, with interest and costs, and execution shall issue thereon accordingly. Rev. Stat., ch. 112, §§ 1-4; C. & M. Dig., §§ 8164-8166; Pope's Dig., §§ 10595-10597; A.S.A. 1947, §§ 34-301 -- 34-304.