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2025 Delaware Code
Title 10 - Courts and Judicial Procedure
Chapter 95. PROCEDURE
Subchapter II. Civil Actions for Debt
§ 9576. Remedy against deceased surety; assignment of creditor's remedies to surety.
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10 DE Code § 9576 (2025)
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§ 9576. Remedy against deceased surety; assignment of creditor's remedies to surety.
(a) If a surety liable to execution dies before execution is issued, the creditor may proceed by scire facias upon such judgment and suretyship against the executors and administrators of such surety, and have judgment and execution as if the judgment had been a several judgment against such surety.
(b) A surety paying a judgment, or the surety's executors, or administrators, shall in every case be entitled to an assignment thereof, and to all remedies thereon, so far as to reimburse the surety, which the creditor could use against the principal, or any joint surety, or their executors or administrators.
Code 1852, § 2146; Code 1915, § 4038; Code 1935, § 4525; 10 Del. C. 1953, § 9583; 70 Del. Laws, c. 186, § 1;
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