If the surety is sued separately from his principal, on payment by him of the judgment against him, he shall be entitled to control the judgment and execution against his principal in the same manner as if the judgment and execution were joint; and if he does not appear as surety in the judgment against him, he may give notice and make the proof and obtain the control in the same manner as pointed out in cases of joint judgment.
Structure Code of Alabama
Title 8 - Commercial Law and Consumer Protection.
Article 1 - General Provisions.
Section 8-3-1 - Relationship of Joint Makers of Notes, Bills, Etc.
Section 8-3-2 - Rights of Surety Who Has Paid Debt.
Section 8-3-3 - Remedies Given Sureties Not Exclusive.
Section 8-3-4 - Tender by Surety Discharges Surety.
Section 8-3-5 - Rights of Surety Against Principal Upon Payment of Debt.
Section 8-3-6 - Suretyship May Be Proved by Parol.
Section 8-3-7 - Rights of Surety Sued Separately and Paying Judgment.
Section 8-3-8 - Payments by Surety Pending Action.
Section 8-3-9 - Contribution by Cosureties.
Section 8-3-10 - Control of Judgment by Endorser Upon Payment of Debt.
Section 8-3-11 - Surety Paying Debt Subrogated to Rights of Creditor.
Section 8-3-12 - When Surety Not to Confess Judgment.
Section 8-3-14 - Provisions of Chapter Inure to Benefit of Personal Representatives.