25-13-104. Compelling contribution or repayment -- joint debtor -- surety.
25-13-104. Compelling contribution or repayment -- joint debtor -- surety. (1) When property liable to an execution against several persons is sold upon execution and more than a due proportion of the judgment is satisfied out of the proceeds of the sale of property of one of them or one of them pays, without a sale, more than the person's proportion, the person may compel contribution from the others. When a judgment is against several persons and is upon an obligation of one of them as surety for another and the surety pays the amount or any part of the amount, either by sale of the surety's property or before sale, the surety may compel repayment from the principal.
(2) In the case described in subsection (1), the person paying or contributing is entitled to the benefit of the judgment to enforce contribution or repayment if, within 10 days after the person's payment, the person files with the clerk of the court where judgment was rendered notice of payment and a claim to contribution or repayment. Upon the filing of the notice, the clerk shall make an entry of the notice in the margin of the docket.
History: En. Sec. 337, p. 132, L. 1877; re-en. Sec. 337, 1st Div. Rev. Stat. 1879; re-en. Sec. 348, 1st Div. Comp. Stat. 1887; re-en. Sec. 1242, C. Civ. Proc. 1895; re-en. Sec. 6845, Rev. C. 1907; re-en. Sec. 9451, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 709; re-en. Sec. 9451, R.C.M. 1935; R.C.M. 1947, 93-5843; amd. Sec. 104, Ch. 575, L. 1981; amd. Sec. 438, Ch. 56, L. 2009.