Title 10, Chapter 7, Section 2
( 10-7-2)
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. |