26-4. Subrogation of surety paying debt of deceased principal.
Whenever a surety, or his representative, shall pay the debt of his deceased principal, the claim thus accruing shall have such priority in the administration of the assets of the principal as had the debt before its payment. (1829, c. 23; R.C., c. 110, s. 4; Code, s. 2096; Rev., s. 2843; C.S., s. 3964.)
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.