83 Va. 445 | Va. | 1887
delivered the opinion of the court.
In appears by the record in this case that, on the sixth •day of September, 1880, M. D. Andes and India A., his wife, executed a deed of trust to one "A. H. Blanchard upon a house and lot in the town of Goodson, Ya., owned by the said India A. Andes as her separate property, the principal if not the only, object of which said deed was to secure the appellant, Z. .L. Burson, against any loss or damage as endorser upon a note of the said M. D. Andes for five hundred dollars. This note was renewed by the bank until the twentieth day of July, 1881, when Burson, instead of having the note renewed, lent Andes the' money with which to pay the note, and took from him a note of M. D. Andes & Co., dated on that day, and payable sixty days after date to the order of said Burson for the same amount of five hundred dollars. On the first day of November, 1881, Burson loaned Andes five hundred dollars more, and received from him the note of M. D. Andes & Co. for the same amount, payable fifteen days from that date to
The second assignment of error which I shall notice is-that the sale of the house and lot should have been upheld,, because Bureon became the surety of Andes and loaned, him the money in reliance upon the deed of trust, and the-house and lot were intended to secure Mm for so doing. Now, is this suggestion true in its entire length and.
It follows that the decree of the circuit court of Washington county is right, and must be affirmed.
Decree affirmed.