Defendants, on the one hand, claim that this property, as the homestead of George W. Eyre, is exempt from plaintiff’s judgment, under section 2985 of the Code, which provides that “the homestead descends to the issue of either husband or wife, according to the rules of descent, unless otherwise directed by will, and is to be held by such issue exempt from any antecedent debts of their parents or their own.” Plaintiff, on the other hand, contends that, while the property in question was the homestead of said George W. Eyre prior to the creating of the indebtedness by him to plaintiff, and therefore, under the statute, would be exempt from the debt against him, it is liable in the hands of his daughter to the payment of the judgment obtained, for two reasons: (1) She being only surety upon the notes given, before her father’s death, it was nutran “antecedent debt” of hers, within the meaning of the statute. (2) That the note of April 20, 1895, was an entirely new, separate, and
What we have said disposes, perhaps, of both propositions suggested by appellant, but upon the second one we wish to add something further. Defendants’ matured obligation was, as already said, in plaintiff’s possession at the time this last note was given. It was not canceled. All that defendants received, as consideration for the note then executed, was an extension of time on their pre-existing liability. That this was a mere renewal, and not the creation of a new and independent indebtedness, seems too clear for discussion.