Womack v. Paxton's Ex'or

Citations

• 84 Va. 9

Syllabus

<p>1. Principal and Surety—Trust deed—Alteration of terms—Case, at bar.— Trust deed to secure bonds whereon XV. was surety, prescribed sale of trust property upon default for cash. Creditor and trustee obtained decree altering terms of sale from cash to credit, XV. being party to suit and not objecting.</p> <p>Held :</p> <p>W. was not discharged as surety by the alteration.</p> <p>2. Idem—Security—Incident.—Contract of principal and surety is that the debt shall be paid. Trust deed to secure the debt is a mere incident—a mere security for enforcing the debts. Alteration in terms of sale is no alteration of contract.</p> <p>8. Idem—Exhaustion of principal.—It is error to subject surety’s land before proper efforts are made to subject principal’s to satisfy the judgment. Horton v. Bond, 28 Gratt. 815.</p> <p>4. Judicial Sales—Commissions—Extra allowances.—XVhere but a part of price is ever collected, commissions should be allowed only on the part collected, and no extra compensation is allowable for extraordinary efforts to sell the land. Code 1878, ch. 174, \\ 6.</p>