11-313. CONTRIBUTION BETWEEN JOINT DEBTORS. When upon an execution against several persons more than a due proportion of the judgment is satisfied out of the proceeds of the sale of the property of one of them, or one of them pays, without a sale, more than his proportion, he may compel contribution from the others; and when a judgment is against several, and is upon an obligation of one of them, as security for another, and the surety pays the amount, or any part thereof, either by sale of his property or before sale, he may compel repayment from the principal. In such case the person so paying or contributing is entitled to the benefit of the judgment to enforce contribution or repayment, if, within ten (10) days after his payment, he file with the clerk of the court where the judgment was rendered, notice of his payment and claim to contribution or repayment. Upon a filing of such notice the clerk must make an entry thereof in the margin of the docket.
History:
[(11-313) C.C.P. 1881, sec. 459; R.S., R.C., & C.L., sec. 4499; C.S., sec. 6940; I.C.A., sec. 8-313.]
Structure Idaho Code
Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS
Chapter 3 - LEVY AND SALE UNDER EXECUTION
Section 11-301 - EXECUTION OF WRIT.
Section 11-302 - SALE OF PROPERTY — NOTICE.
Section 11-303 - SALE WITHOUT NOTICE — PENALTY.
Section 11-304 - CONDUCT OF SALE.
Section 11-305 - REFUSAL TO PAY PURCHASE-MONEY — RESALE.
Section 11-306 - REFUSAL TO PAY PURCHASE-MONEY — REJECTION OF SUBSEQUENT BIDS.
Section 11-307 - LIMITATION OF OFFICER’S LIABILITY.
Section 11-308 - DELIVERY OF PROPERTY TO PURCHASER — CERTIFICATE OF SALE.
Section 11-309 - CERTIFICATE OF SALE — TITLE CONVEYED.
Section 11-310 - TITLE TO REAL PROPERTY — RIGHT OF REDEMPTION — CERTIFICATE OF SALE.
Section 11-311 - EXECUTION OF DEED BY SUCCESSOR IN OFFICE.