Dreibholz v. Fisher

His Honor, CHARLES P. CLAIBORNE,

rendered the opinion and decree of the Court, as follows:, This is a suit against a surety. The defense is that it is discharged by reason of the failure .of plaintiff to ex-excise his right of acting against the principal within a reasonable time after it accrued, thus allowing the principal’s property to diminish in value to such an extent as to- render its recourse against him of no avail.

Plaintiff’s allegations .are that the defendants Conrad B. Fisher, and others, trespassed upon lands belonging to plaintiffs and there cut timber belonging to- them; that…