Oklahoma § 12-803 - Principal and surety - Levy against principal before

§ 12-803. Principal and surety - Levy against principal before

surety.

In all cases where judgment is rendered in any court of record

within this state, upon any instrument of writing in which two or

more persons are jointly and severally bound, and it shall be made

to appear to the court, by parol or other testimony, that one or

more of said persons so bound, signed the same as surety or bail,

for his or their codefendant, it shall be the duty of the clerk of

said court, in recording the judgment thereon to certify which of

the defendants is principal debtor, and which are sureties or bail.

And the clerk of the court aforesaid shall issue execution on such

judgment, commanding the sheriff or other officer to cause the money

to be made of the goods and chattels, lands and tenements, of the

principal debtor; but for want of sufficient property of the

principal debtor to make the same, that he cause the same to be made

of the goods and chattels, lands and tenements, of the surety or

bail. In all cases, the property, both personal and real, of the

principal debtor, within the jurisdiction of the court, shall be

exhausted before any of the property of the surety or bail shall be

taken in execution.

R.L. 1910, § 5179.