Chism, Churchill & Co. v. Thomson

Citations

• 73 Miss. 410

Syllabus

<p>1. Principal and Surety. Trust deed on principal's property. Cancellation of same. Extension of debt. Release of surety.</p> <p>The cancellation by the creditor of the principal debtor’s deed of trust- on his own property, and the surrender of that property to the principal debtor, without the knowledge or consent of the surety, who has given a deed of trust on her property as additional security, operates to release both the surety and her property. A like effect attends the extension of the debt for a specified time, upon a sufficient consideration, without the surety’s knowledge or consent.</p> <p>2. Landlord’s Lien. Crops of tenant. Lien lost by sale.</p> <p>A commission merchant in another state who has made advances on account to a planter, and received and sold in good faith cotton shipped in the name of the planter, and for his account, is not answerable for the proceeds thereof credited on the planter’s account, to one who had a landlord’s lien on the cotton when shipped. Hernandez v. Aaron, post, p. 434, cited.</p>