Tennessee Code Annotated
Tenn. Code Ann. § 26-3-105 (2026)
Principal's property sold before surety's
✓ current as of May 2026
- (a) Where the judgment or decree is against a principal and the principal's surety, it shall be the duty of the officer having the collection thereof to exhaust the property of the principal, both real and personal, before proceeding to sell the property of the surety.
- (b) "Surety," in this section, shall embrace accommodation endorsers, stayors, and all other persons whose liability on the debt or contract is posterior to that of another.
- (c) The surety shall, if requested by the officer, show the property of the principal, to entitle the surety to the benefit of this section.
Code 1858, §§ 3028, 3029 (deriv. Acts 1820 Private, ch. 120, §6; 1843-1844, ch. 32, § 1); Shan., §§ 4756, 4757; Code 1932, §§ 8889a, 8890; T.C.A. (orig. ed.), § 26-405.
Notes of Decisions
Cited in 1
case, 2000–2000 · leading case: Cumberland Bank v. Smith, 43 S.W.3d 908 (Tenn. Ct. App. 2000).
Cumberland Bank v. Smith, 43 S.W.3d 908 (Tenn. Ct. App. 2000). “See Tenn.Code Ann. § 26-3-105(a). But the statute does not apply where the judgment does not recite that it is against a principal and surety, Tenn.”
Tenn. Code Ann. § 26-3-105(a): 1 case
Cumberland Bank v. Smith, 43 S.W.3d 908 (Tenn. Ct. App. 2000). “See Tenn.Code Ann. § 26-3-105(a). But the statute does not apply where the judgment does not recite that it is against a principal and surety, Tenn.”
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