87-5-13 - Execution against principal and sureties; how served. - Mississippi Statutes

§ 87-5-13. Execution against principal and sureties; how served.
 

When execution shall issue on any judgment or decree rendered against a principal and surety, and the surety shall make affidavit that he is only surety on the instrument upon which the judgment or decree is founded, and deliver it to the officer serving the execution, the officer shall make the money, or as much thereof as possible, out of the property of the principal debtor, if he have any in the county to which the execution is issued subject to execution; and the officer shall return the affidavit with the execution. 
 

Sources: Codes, Hutchinson's 1848, ch. 39, art. 3 (47); 1857, ch. 46, art. 5; 1871, § 2261; 1880, § 1001; 1892, § 3281; 1906, § 3737; Hemingway's 1917, § 2913; 1930, § 2963; 1942, § 259.