TITLE 10 COMMERCE AND TRADE

Section 7. Suretyship, 10-7-1 through 10-7-57.

ARTICLE 3 RIGHTS OF SURETY AGAINST PRINCIPAL, COSURETIES, AND THIRD PERSONS

10-7-55. Protection of bona fide purchasers when surety controls judgment.

When the surety does not appear to be such in the judgment and execution, the lien of such judgment, when controlled by the surety, shall not interfere with bona fide purchasers without notice from the principal, whose rights were vested before the order giving control to the surety was granted.

(Laws 1845, Cobb's 1851 Digest, p. 598; Code 1863, § 2150; Code 1868, § 2145; Code 1873, § 2172; Code 1882, § 2172; Civil Code 1895, § 2991; Civil Code 1910, § 3563; Code 1933, § 103-313.)