Gray v. Holland

Citations

• 9 Or. 512

Syllabus

<p>Married Women — Liability as Surety.</p> <p>While a married woman cannot usually become personally bound for the debts of her husband, she may ordinarily pledge or mortgage her separate property for his debt, and if she does so such property occupies the position of a surety or guarantor, and will be discharged by anything that would discharge a surety or guarantor who was personally liable.</p> <p>Husband’s Debt — Principal and Surety.</p> <p>Nor is her character as surety affected by the fact that the debt secured is the debt of her husband. As surety for his debt she is entitled to all the rights and privileges of that character.</p> <p>Mere forbearance or delay of the creditor toward the principle will not discharge the surety.</p>