Perry v. Cafer

Opinion by

Judge Hardin :

This case is essentially different from: that of Hobson, etc., v. Hobson’s Ex’r (8 Bush 665), where the debt to secure which Mrs. Hobson united with her husband in a mortgage of her property, remained unsatisfied; and it was held that the statute of limitation, which would have released a personal surety, did not release the mortgage.

In this case the mortgage of B. F. Cafer and wife was not made to secure' the debt to Richards or Perry, but to indemnify Wesley Cafer in his supposed liability as the surety of B. F. Cafer. If Wesley Qafer’s liability had continued, the…