26-2. Principal liable on execution before surety.
When an execution, indorsed as aforesaid, shall come to the hands of any officer for collection, he shall levy on all the property of the principal, or so much thereof as shall be necessary to satisfy the execution, and, for want of sufficient property of the principal, also on the property of the surety, and make sale of all the property of the principal levied on before that of the surety. (1826, c. 31, s. 2; R.C., c. 31, s. 125; Code, s. 2101; Rev., s. 2841; C.S., s. 3962.)
Structure North Carolina General Statutes
North Carolina General Statutes
§ 26-1 - Surety and principal distinguished in judgment and execution.
§ 26-2 - Principal liable on execution before surety.
§ 26-3 - Summary remedy of surety against principal.
§ 26-3.1 - Surety's recovery on obligation paid; no assignment necessary.
§ 26-4 - Subrogation of surety paying debt of deceased principal.
§ 26-5 - Contribution among sureties.
§ 26-6 - Dissenting surety not liable to surety on stay of execution.
§ 26-7 - Surety, indorser, or guarantor may notify creditor to take action.
§ 26-8 - Notice; how given; prima facie evidence thereof.
§ 26-9 - Effect of failure of creditor to take action.