Section 10-7-52. Compelling contribution -- Duty to account for indemnification from principal; compelling transfer of security from principal  


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  •    A surety suing for contribution must first account for all money or other things received from the principal to indemnify him against loss; and, if he has paid the entire debt, he may compel his cosurety to transfer to him any mortgage or other security taken from the principal for the protection of such cosurety, by relieving him of all liability for contribution.
Orig. Code 1863, § 2153; Code 1868, § 2148; Code 1873, § 2175; Code 1882, § 2175; Civil Code 1895, § 2994; Civil Code 1910, § 3566; Code 1933, § 103-403.