Title 10, Chapter 7, Section 47
( 10-7-47)
Any surety on the original contract, or on stay of execution, or on
appeal, or in any other way, or the representative of a deceased
surety, who shall have paid off or discharged the judgment or
execution in whole or in part and shall have the fact of such
payment by him entered on such execution by the plaintiff or his
attorney or the collecting officer, shall have the control of such
execution and the judgment upon which it is founded, to the same
extent as if he were the original plaintiff therein, and be
subrogated to all the rights of such plaintiff, for the purpose of
reimbursing himself from his principal. |