Morton v. Lowell

Bonner, Associate Justice.

The first and second assigned errors present substantially the same question, that it does not appear that Paschal and Cumly had ever paid anything on the claim bond of John Gilroy, upon which they were his sureties; and that, therefore, there had not been such breach of the conditions of the trust deed, given by Gilroy to indemnify them, to authorize the sale under which appellee Lowell claims title to the land in controversy.

The claim bond was conditioned substantially that Gilroy would pay off or otherwise satisfy the same at its maturity, and, on failure to do…