Whenever a judgment shall be rendered in any court in accordance with the provisions
of G.S. 26-1 and the surety, endorser or other person shown in said judgment to be secondarily
liable thereon and having the rights as by this chapter prescribed against the person
or persons primarily liable, and the surety, endorser or other person so shown in
the judgment to be secondarily liable, shall pay the said judgment or shall be compelled
to pay an execution issued thereon and such fact shall appear to the satisfaction
of the clerk of the superior court of the county in which the said judgment is rendered
and docketed, such judgment shall be canceled as to said surety, endorser or other
person secondarily liable and shall ceased to be a lien upon his real estate and other
property, but such cancellation shall not have the force and effect nor operate as
a cancellation and discharge of the judgment as to any other person against whom the
said judgment shall be rendered and the person so paying the said judgment shall have
all the rights given to a surety who has been compelled to pay a judgment against
the principal debtor and co-sureties which are given in this chapter, notwithstanding
the cancellation of the said judgment as herein provided for.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.