TITLE 11

ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS

CHAPTER 3

LEVY AND SALE UNDER EXECUTION

11-313.  Contribution between joint debtors. When upon an execution against several persons more than a due proportion of the judgment is satisfied out of the proceeds of the sale of the property of one of them, or one of them pays, without a sale, more than his proportion, he may compel contribution from the others; and when a judgment is against several, and is upon an obligation of one of them, as security for another, and the surety pays the amount, or any part thereof, either by sale of his property or before sale, he may compel repayment from the principal. In such case the person so paying or contributing is entitled to the benefit of the judgment to enforce contribution or repayment, if, within ten (10) days after his payment, he file with the clerk of the court where the judgment was rendered, notice of his payment and claim to contribution or repayment. Upon a filing of such notice the clerk must make an entry thereof in the margin of the docket.

History:

[(11-313) C.C.P. 1881, sec. 459; R.S., R.C., & C.L., sec. 4499; C.S., sec. 6940; I.C.A., sec. 8-313.]