Section 10-7-2. Nature of obligation of surety

Latest version.

The obligation of the surety is accessory to that of his principal; and, if the latter from any cause becomes extinct, the former shall cease of course, even though it is in judgment. If, however, the original contract of the principal was invalid from a disability to contract and this disability was known to the surety, he shall still be bound.

Orig. Code 1863, § 2126; Code 1868, § 2121; Code 1873, § 2149; Code 1882, § 2149; Civil Code 1895, § 2967; Civil Code 1910, § 3539; Code 1933, § 103-102.

                    
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