Melville Fuller

“ Where the person ultimately held liable is himself a debtor to the creditor, the relief awarded has no reference to that fact, but is grounded wholly on the right of the creditor to avail himself of the right of the surety against the principal. ”

“ The case being brought on writ of error to this court, it was ruled that, whether an agreement by the grantee of a mortgagor to assume the mortgage debt could be enforced at law or in equity was governed by the law of the place where the action was brought, and that by the law of the District of Columbia, whether such an agreement was or was not considered as under seal, it was an agreement made with the grantor only, and created no direct obligation to the mortgagee, upon which the latter could sue at law. ”

“ The bill was filed July 15, 1881, against Wood and Bryan, as alike liable to Christmas as principal debtors, and service of process was had on Wood only, August 18, 1881. The mere fact that the bill was left on the files would not, in itself, relieve from the effects of laches; for failure in diligent prosecution may have the same consequences as if no suit has been instituted. ”

“ However, as this sixth section of the act of 1715 was not pleaded, we need not consider whether its benefits are denied to nonresident debtors by the fourth and fifth sections, relating to 'persons absenting the province, or wandering from county to county,' or by the act of November, 1765, c. 12, as to persons who 'may be absent out of this province, at the time when the cause of action hath arisen or accrued' (1 Kilty's Laws Md.; Hysinger v. Baltzell, 3 Gill & J. 158; Maurice v. Worden, 52 Md. 283) , or other statutory provision. ”