Daniel's Ex'or v. Wharton

Citations

• 90 Va. 584
• 19 S.E. 170
• 1894 Va. LEXIS 27

Syllabus

<p>1. Principal and Surety — Release.—Compromise between . principal and obligee in bond signed by former and another, made in consideration of former’s surrendering real estate to be immediately applied to the bond and in full discharge thereof: held, operates as a release of the other signer whether joint obligor or mere surety, whether such compromise be regarded as an absolute release, or as extending time of payment, or as taking new security.</p> <p>2. Interest — JPunds in custodia legis. — Where the funds have remained in the court’s hands during the litigation, interest, held not allowable except from date of judgment.</p>