Delaware § 9576 Remedy against deceased surety; assignment of creditor’s remedies to surety

Delaware Statutes

§ 9576 — Remedy against deceased surety; assignment of creditor’s remedies to surety

Delaware·Title 10·Part Justices of the Peace·Ch. 95 PROCEDURE·Subch. Civil Actions for Debt

(a)If a surety liable to execution dies before execution is issued, the creditor may proceed by scire facias upon such judgment and suretyship against the executors and administrators of such surety, and have judgment and execution as if the judgment had been a several judgment against such surety.

(b)A surety paying a judgment, or the surety’s executors, or administrators, shall in every case be entitled to an assignment thereof, and to all remedies thereon, so far as to reimburse the surety, which the creditor could use against the principal, or any joint surety, or their executors or administrators.

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(a) If a surety liable to execution dies before execution is issued, the creditor may proceed by scire facias upon such judgment and suretyship against the executors and administrators of such surety, and have judgment and execution as if the judgment had been a several judgment against such surety.

(b) A surety paying a judgment, or the surety’s executors, or administrators, shall in every case be entitled to an assignment thereof, and to all remedies thereon, so far as to reimburse the surety, which the creditor could use against the principal, or any joint surety, or their executors or administrators.

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