194 SALMON v. CLAGETT.—3 BLAND.

* By the agreement of the 26th of May, 1828, it is expressly
179 declared, that nothing therein contained should, in any man-
ner, affect the mortgage given by Thomas Clagett, and his family, to
indemnify Salmon against certain risks and losses. If this general
reservation had been made in an agreement between Salmon and
the other creditors of Thomas Clagett alone, there might have been
some difficulty in treating it as such a reservation as would pre
serve to the sureties the benefit of the implied contract in all
respects; because, it is not enough, that the creditor alone should
make such a stipulation; the principal debtor must also consent,
that his liability to the surety should remain entire and undimin-
ished. But here Thomas Clagett by signing this agreement, has
thereby distinctly assented to this express reservation of the reme
dies upon the mortgage itself, as well as upon its incident implied
contract; for the stipulation, that nothing therein contained should
affect the mortgage, must, according to every fair interpretation of
the expression, be considered as a complete reservation of the
remedies to the whole extent. And so considered, it is clear,
that these sureties cannot found any claim to be discharged from
the mortgage upon any thing contained in the agreement of the
26th of May, 1828.

The defendants moreover object, that supposing they are wrong
as to the time when the mortgage might have been foreclosed,
then the plaintiff cannot have, under this bill, relief of any kind;
because he has instituted his suit before his debt became due; and
that if this injunction wrere to be made perpetual, they would be
tied up indefinitely and thrown at the mercy of the plaintiff
without the possibility of relieving themselves in any way what-
ever.

Where a debt, secured by a mortgage, is made payable by
instalments, it is well settled, that the mortgage becomes forfeited
by the non-payment of the first instalment, and may be foreclosed
immediately after that time. If a bill be filed for that purpose, the
debtor may, however, prevent a foreclosure, or sale, by paying the
instalment then due; but if he fails to do so, then the mortgage
may be entirely foreclosed; or so much of the property may be
sold as will satisfy the sum due at that time; and the decree will
be allowed to stand as a security for the other instalments as they
become due; as in case of a judgment at law for an annuity.
But if the mortgaged property cannot be conveniently or safely
sold in parcels, then it must be disposed of entire, and the whole
debt raised and paid, with a rebate of interest on the sums not due

his surety may, after the time of payment has elapsed, or been extended by
the Legislature, call for new security, and if it be not given, may proceed
by execution.—November, 1787, ch. 40, not in Kilty, but still in force.