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.
Code 1858, § 3047; Shan., § 4775; Code 1932, § 8905; T.C.A. (orig. ed.), § 26-412.
Structure 2021 Tennessee Code
§ 26-3-101. Personalty Levied on First
§ 26-3-103. Corporate Property
§ 26-3-104. Indemnity Bond of Plaintiff
§ 26-3-105. Principal's Property Sold Before Surety's
§ 26-3-106. Order of Levy on Parties Secondarily Liable
§ 26-3-107. Order of Liability Stated
§ 26-3-108. Endorsement of Description of Property
§ 26-3-109. Delivery Bond of Defendant
§ 26-3-110. Liability on Forfeited Delivery Bond
§ 26-3-111. Levy on Forfeited Bond — Alias Execution
§ 26-3-112. Defendants Refusing to Join in Delivery Bond
§ 26-3-113. Order of Levy After Forfeiture of Delivery Bond
§ 26-3-114. Return of Unsatisfied Execution
§ 26-3-115. Second Delivery Bond
§ 26-3-116. Delivery Bonds on Official Default
§ 26-3-117. Costs to Be Paid by Plaintiff — Recovery From Defendant