If the principal debtor be insolvent, any surety or guarantor (or his committee, personal representative or heir) against whom a judgment or decree has been rendered on the contract in which he was surety or guarantor, may obtain a judgment or decree by motion, in the court in which such judgment or decree was rendered, against any cosurety or coguarantor (or his committee, personal representative or heir) for his share, in law or equity, of the amount for which the first-mentioned judgment or decree may have been rendered; and if the same has been paid, for such share of the amount so paid, with interest thereon from the time of such payment.
Structure West Virginia Code
Chapter 45. Suretyship and Guaranty
Article 1. Sureties, Guarantors, Indorsers, Bail and Principals
§45-1-1. Demand That Creditor Sue
§45-1-2. Discharge of Surety, Guarantor or Indorser by Failure of Creditor to Sue
§45-1-3. Judgment, Decree or Recovery Not Binding on Surety Not Party to Proceeding
§45-1-4. Remedy of Bail, Surety, Guarantor, etc., Making Payment
§45-1-5. Principal's Right to Same Defense Against Surety as Against Creditor
§45-1-6. Contribution Among Cosureties and Coguarantors