Tennessee § 26-3-105 Principal's property sold before surety's

Tennessee Statutes

§ 26-3-105 — Principal's property sold before surety's

Tennessee § 26-3-105

Title26

This text of Tennessee § 26-3-105 (Principal's property sold before surety's) is published on Counsel Stack Legal Research, covering Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tenn. Code Ann. § 26-3-105 (2026).

Text

(a)Where the judgment or decree is against a principal and the principal's surety, it shall be the duty of the officer having the collection thereof to exhaust the property of the principal, both real and personal, before proceeding to sell the property of the surety.

(b)"Surety," in this section, shall embrace accommodation endorsers, stayors, and all other persons whose liability on the debt or contract is posterior to that of another.

(c)The surety shall, if requested by the officer, show the property of the principal, to entitle the surety to the benefit of this section.

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(a) Where the judgment or decree is against a principal and the principal's surety, it shall be the duty of the officer having the collection thereof to exhaust the property of the principal, both real and personal, before proceeding to sell the property of the surety. (b) "Surety," in this section, shall embrace accommodation endorsers, stayors, and all other persons whose liability on the debt or contract is posterior to that of another. (c) The surety shall, if requested by the officer, show the property of the principal, to entitle the surety to the benefit of this section.

Legislative History

Code 1858, §§ 3028, 3029 (deriv. Acts 1820 Private, ch. 120, §6; 1843-1844, ch. 32, § 1); Shan., §§ 4756, 4757; Code 1932, §§ 8889a, 8890; T.C.A. (orig. ed.), § 26-405.