Tennessee § 26-3-105 - Principal's property sold before surety's.
Full text of Tennessee Tennessee Code Annotated § 26-3-105 — Principal's property sold before surety's., with citation guidance and answers to common questions.
§ 26-3-105. Principal's property sold before surety's.
Where the judgment or decree is against a principal and the principal's surety, it shall be the duty of the officer having the collection thereof to exhaust the property of the principal, both real and personal, before proceeding to sell the property of the surety. “Surety,” in this section, shall embrace accommodation endorsers, stayors, and all other persons whose liability on the debt or contract is posterior to that of another. The surety shall, if requested by the officer, show the property of the principal, to entitle the surety to the benefit of this section. Code 1858, §§ 3028, 3029 (deriv. Acts 1820 Private, ch. 120, § 6; 1843-1844, ch. 32, § 1); Shan., §§ 4756, 4757; Code 1932, §§ 8889a, 8890; T.C.A. (orig. ed.), § 26-405. Textbooks. Tennessee Jurisprudence, 12 Tenn. Juris., Executions, §§ 20, 29; 22 Tenn. Juris., Replevy and Forthcoming Bonds, § 12; 23 Tenn. Juris., Suretyship, §§ 2, 29.
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 26-3-105
What does Tennessee Code Annotated § 26-3-105 cover?
Section 26-3-105 ("Principal's property sold before surety's.") is part of the Tennessee Code Annotated, the codified statutory law of Tennessee. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Tennessee § 26-3-105?
A common citation format is "Tennessee Code Annotated § 26-3-105" (Tennessee). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Tennessee law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Tennessee official source linked on this page or consult a licensed Tennessee attorney.
How does Tennessee § 26-3-105 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Tennessee can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Tennessee.