Section 43-2-90 Rights of sureties among themselves.
Section 43-2-90
Rights of sureties among themselves.
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.
(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.)