State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_26 > GS_26-11

§26‑11.  Cancellation of judgment as to surety.

Whenever a judgment shall berendered in any court in accordance with the provisions of G.S. 26‑1 andthe surety, endorser or other person shown in said judgment to be secondarilyliable thereon and having the rights as by this chapter prescribed against theperson or persons primarily liable, and the surety, endorser or other person soshown in the judgment to be secondarily liable, shall pay the said judgment orshall be compelled to pay an execution issued thereon and such fact shallappear to the satisfaction of the clerk of the superior court of the county inwhich the said judgment is rendered and docketed, such judgment shall becanceled as to said surety, endorser or other person secondarily liable andshall ceased to be a lien upon his real estate and other property, but suchcancellation shall not have the force and effect nor operate as a cancellationand discharge of the judgment as to any other person against whom the saidjudgment shall be rendered and the person so paying the said judgment shallhave all the rights given to a surety who has been compelled to pay a judgmentagainst the principal debtor  and co‑sureties which are given in thischapter, notwithstanding the cancellation of the said judgment as hereinprovided for. (1925, c. 38.)