§ 26-3-112 — Defendants refusing to join in delivery bond

If there are more defendants than one (1) in the original execution, and any of them do not join in the delivery bond, the sureties on such bond shall be first liable before those defendants who refuse to join, to the extent of the liability incurred by the bond; but in the event the debt, or any portion of it, is paid by the surety on the bond, the surety on the bond shall be substituted to the rights of the defendant for whom that person is surety, as against the other defendants.

Legislative History

Code 1858, § 3047; Shan., § 4775; Code 1932, § 8905; T.C.A. (orig. ed.), § 26-412.