Burson v. Andes

Citations

• 83 Va. 445
• 8 S.E. 249
• 1887 Va. LEXIS 90

Syllabus

<p>1. Practice in Chancery—Husband and wife—Married women'sad.— Under Acts 1876-7, pp. 333-4, in suit to' recover wife’s separate property, husband and wife must be joined as complainants. Farley v. Tillar, 81 Va. 275.</p> <p>2. Principal and Surety—Release of surety.—Surety is entitled to have the instrument whereby he binds himself for principal’s liability strictly construed ; and any agreement under which the time for principal’s performance is enlarged, without surety’s assent, releases him.</p> <p>3. Idem—Case at bar.—A. and wife executed deed of trust on her separate property to save harmless B. as endorser for A. for $500, and any sums B. might lend A. Deed recited that if within twelve months A. paid the said $500, the deed should be void, else enforced. The note of A. endorsed by B. was renewed three times during the said period, when B. gave A. $500 to pay the third note, and took therefor from the firm of A. & Co. a fourth note for that sum, payable at a day subsequent to the expiration of that period.</p> <p>Held :</p> <p>1. The time of payment of all sums intended to be secured by the trust deed was limited to the period of twelve months from its date.</p> <p>2. The dealing with the note for the $500, whereby the time of payment was extended beyond that period, and the taking of the note of A. & Co., payable beyond the same, released the trust property.</p> <p>4. Notary’s Certificate.—In absence of fraud, certificate of notary of acknowledgment of deed is conclusive evidence of all stated therein, as required by statute. Haskins v. Forsyth, 11 Leigh, 306.</p>