Lucius Quintus Cincinnatus Lamar

“ Nor do we think the death of the surety before either of the demands matured makes any difference, in principle, where, as in this case, the liability is not of a personal nature, but is an incumbrance upon the surety's property. We are aware that there is authority holding that payment of interest by the principal debtor after the death of the surety, but before the statute of limitations has run against the note, will not prevent the surety's executors from pleading the statute. ”

“ In fact, none is charged. The sales were made with the assent of the owner, Thomas Cross, were open and without concealment or deception, and were for a fair value. The whole affair bears the impress of good faith, and we are not warranted in saying it was otherwise.
The only remaining question is whether, under the constitution and laws of Oregon in force at the time these contracts were made, a married woman could, in any event, bind her separate property for the payment of her husband's debt. ”

“ The rights of the surety remained the same after those transactions as they were before. The transactions in this matter were at furthest a more convenient method of enforcing payment of the original demand, and, possibly, may be considered as amounting to an additional security; but that is all. Even that would not release the surety. Id. 245, and notes. The mortgage security was not lessened at all, for the net proceeds arising from the sale of those portions of the property on which the mortgages were released were applied to the diminishing of the debt. ”