Section 10-7-23. Refusal to deliver evidence of debt and securities on tender of amount of debt as discharging surety  


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  •    The surety may tender to the creditor the amount of his debt and demand that the evidence of and the securities for the same be delivered up to him to be enforced against his principal or cosureties; and a failure of the creditor to comply, when within his power, shall operate to discharge the surety.
Orig. Code 1863, § 2132; Code 1868, § 2127; Code 1873, § 2155; Code 1882, § 2155; Civil Code 1895, § 2973; Civil Code 1910, § 3545; Code 1933, § 103-204.