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PRINCIPAL AND SURETY.
If the creditor does any act by which the
peril of the surety is increased, or his
means of reimbursement is postponed
or impaired, the surety will be dis-
charged. — Salmon v. Clagett, 178.
A surety, on paying the whole debt, has
a right to be subrogated to all the rights
and securities of the principal, 173.
But if there be an express reservation of
all the creditor's remedies, the surety
will not be discharged, 178.
Where a creditor neglects, on being ac-
tually notified to come in under a cre-
ditor's suit, against the estate of the
deceased as his principal debtor, such
debtor's sureties will be discharged. —
Simmons v. Tongue, 354.
If a creditor, by his conduct, has rendered
a security in a foreign state unavailable,
to the prejudice of the surety, he will
be thereby discharged. — Post v. Mac-
kall, 516.
PROCESS.
It is the duty of the sheriff to execute all
process and orders issuing from this
court.— Deale v. Estep, 438.
A summons or subpaena issued by com-
missioners requiring a witness to attend
and testify before them, under a com-
mission to take evidence, is a process
which must be served by the sheriff, 439.
For the service of all process which a
sheriff may be required to serve, he is
entitled to have his legal fees allowed
and taxed as a part oT the costs, and
may enforce payment accordingly, 439.
A citizen can only be sued or arrested by
civil process in the county in which he
resides; but may be taken by attach-
ment from the Court of Chancery any
where within the state. — The Cape
Sable Company's case, 664.
PUBLICATION.
The proceeding by publication, on the
ground that the defendant does not re-
side in the state, does not apply to
those cases, such as mariners, who are
temporarily absent in their vocation. —
McKim v. Odom, 415, 429, 431.
SALES UNDER DECREE.
In sales under a decree, the court never
warrants a title. — Wampler v. Shipley,
183.
On a sale by the acre, the quantity is as-
certained by a survey, 183.
The trustee cannot abandon any right or
dispose of the purchase money in any
way without the previous sanction of
the court, 183.
Where the widow herself is the petitioner
as guardian of her infant children for
the sale of their real estate, her separate
assent not necessary. — Williams' case,
210.
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A bid may be reserved, or a bye-bidder
allowed in certain cases, 212.
An estate ordered to be sold is under the
protection of the court, and may be
rented, and the buildings kept in repair
until a sale can be effected, 216.
Where the plaintiff creditor is the pur-
chaser, he need only pay the commis-
sions and costs, with the balance if any.
— Jones v. Bets worth 195, 197, note.
The trustee may be ordered to convey
the estate to the assignee of the purcha-
ser; provided the assignment has been
fairly made. — Hanson v. Chapman,
199; Simmons v. Tongue, S45.
The bonds taken for the purchase money
may be assigned in satisfaction to those
entitled to the proceeds of the sale. —
Kilty v. Quynn, 213.
The actual holder of the estate may be
ordered to pay an occupation rent
pending the litigation. —— Williams'
case, 216,
The administrator and heir of a deceased
purchaser ordered to pay the balance of
purchase money. — Coombs v, Jordan,
287, 295.
The estate ordered to be re-sold to pay
the balance of the purchase money,
288, 289.
A purchaser under a decree is not bound
to see to the application of the purchase
money, 329
After the sale has been ratified, and the
purchase money has become due, the
purchaser and his sureties may be
ordered to pay; and, on their failing to
do so the land may be re-sold at the
risk of the purchaser. — Simmons v.
Tongue, 346, 347.
By consent the commission of the trustee
given to the widow, 348.
Attorneys allowed 5 per cent, for suing
for and collecting the proceeds of the
sales under a decree. — Post v. Mackall,
528.
SHERIFF.
The sheriffs, for the time being, of the
several counties are the executive offi-
cers of this court; and as such amena-
ble to it.— Deale v. Estep, 438.
It is the duty of the sherifis to execute all
process and orders issuing from this
court, 438,
A summons or subpaena issued by com-
missioners requiring a witness to attend
and testify before them under a com-
mission to take evidence, is a process
which must be served by the sheriff,
439.
For the service of all process which a
sheriff may be required to serve, he is
entitled to have his legal fees allowed
and taxed as a part of the costs; and
may enforce payment accordingly,
439.
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