Title 10, Chapter 7, Section 45
( 10-7-45)
If the fact of suretyship does not appear on the face of the
contract, it may be proved by parol, either before or after judgment
(the creditor not being delayed in his remedy by such collateral
issue between the principal and his surety), if before judgment the
surety shall give notice to the principal of his intention to make
such proof. |