rate of interest lowered without his consent, was no defense; Manufacturers' Bank v. Dickerson, 41 N. J. L. 450, 32 Am. Rep. 239, holding sureties on the bond of an assistant bank clerk, not liable for his acts after he became bookkeeper; Bensinger v. Wren, 100 Pa. St. 505, sureties on bond of cashier of company organized for certain purpose, not liable for his acts while acting as cashier of same company, pursuing different line of activity; Gardner v. Gardner, 23 S. C. 590, and State Bank v. Baker, 93 Va. 515, 25 S. E. 551, holding an agreement between debtor and creditor to extend time of payment, discharges surety; Sewing Machine Co. v. Crockwell, 2 Utah, 559, surety on contract requiring agent to turn over to principal all notes received for sale of property of principal and indorse same, is not holden for payment of such notes; Blanton v. Commonwealth, 91 Va. 16, 20 S. E. 886, holding a bond on which there are but seven obligors cannot be enforced, when the liability on bond accepted was divided among eight. Approved, arguendo, in Pierce v. Whiting, 63 Cal. 543, and Christian v. Keen, 80 Va. 376. Distinguished in Crawford v. Dexter, 5 Sawy. 204, F. C. 3,368, holding an alteration in a bond which in no manner prejudices obligees, is immaterial; Cambridge Bank v. Hyde, 131 Mass. 79, 41 Am. Rep. 195, holding memorandum made by holder of note on back thereof to effect that rate of interest after certain date will be lower, is not such an alteration as will discharge surety. Cited, but not applied, in United, etc., Glass Co. v. Mathews, 89 Fed. 831, 61 U. S. App. 547, holding appended collateral agreement did not release sureties on main obligation.

Officers. An erasure by one of sureties of his name from an official bond, though made before instrument is submitted to judge for approval, avoids bond as to sureties not informed of such erasure, p. 237.

Cited and applied in Arkansas v. Churchill, 48 Ark. 437, 441, 3 S. W. 357, 359, holding party signing bond on express stipulation that all named in body of bond shall sign it, is released if one of them does not sign it, and his name is erased from the body; McCramer v. Thompson, 21 Iowa, 248, where name of first of three sureties on promissory note was erased without knowledge or consent of other sureties; McKim v. Demmon, 130 Mass. 406, if a surety is discharged rom liability on a bond by order of court his co-surety is also discharged although he had no knowledge of order. Adopted and followed in the following cases, which are similar in fact to the principal case: State v. Blair, 32 Ind. 317, State v. Craig, 58 Iowa, 241, 12 N. W. 302, State v. Allen, 69 Miss. 525, 30 Am. St. Rep. 574, 10 So. 477, State v. McGonigle, 101 Mo. 363, 366, 20 Am. St. Rep. 613, 615. 13 S. W. 760, 761, 8 L. R. A. 738, 739, Hagler v. State, 31 Neb. 149, 28 Am. St. Rep. 517, 47 N. W. 694, Davis v. State, 5 Tex. App. 50, Wilbarger County v. Bean, 3 Tex. App. Civ. 36, Fairhaven v.

Cowgill, 8 Wash. 689, 690, 36 Pac. 1094, 1095. See 65 Am. St. Rep. 684, note on agency existing between joint obligors.

Modified in King County v. Ferry, 5 Wash. 542, 34 Am. St. Rep. 885, 32 Pac. 540, 19 L. R. A. 504, holding if alteration in bond is noticeable by one using ordinary care, the sureties will not be released. Distinguished in Mersman v. Werges, 112 U. S. 141, 28 L. 642, 5 S. Ct. 66, where the signature of a surety was added on a promissory note; Bingham v. Shadle, 45 Neb. 85, 63 N. W. 144, where some of sureties erased their names from appeal bond, without knowledge of obligee, this neither releases them nor their cosureties.

Miscellaneous.- Cited, arguendo, in State v. Chick, 146 Mo. 659, 48 S. W. 832, as to presumptions that arise from alterations in a written instrument. Erroneously cited in Chamberlain v. Larned, 32 N. J. Eq. 298.

2 Wall. 237-251, 17 L. 827, MILLER v. SHERRY.

Judicial sale.- Sale by master in chancery under decree of court having complete jurisdiction, is as effectual to convey title as deed of sheriff pursuant to an execution at law, p. 248.

Cited and applied in In re Rugheimer, 36 Fed. 373, holding where title is acquired by condemnation proceedings, the deed, whether executed by order of court or by owner, is, in law, deed of owner; Petty v. Mays, 19 Fla. 658, Brown v. Marzyck, 19 Fla. 842, the master's deed executed under a decree of foreclosure, unconfirmed, constitutes evidence of title in the purchaser in an action of ejectment against a third person; McNally v. White, Ind., 54 N. E. 797, upholding decretal sale of debtor's property in lieu of execution and sale at law; Deck v. Whitman, 96 Fed. 880, 886, as to deeds on mortgage foreclosure in Federal courts. Cited in collection of authorities in Witter v. Dudley, 42 Ala. 626, holding sale by a trustee under order of court not complete until confirmed by court. Cited, arguendo, in Powell v. Campbell, 20 Nev. 248, 19 Am. St. Rep. 363, 20 Pac. 164, 2 L. R. A. 621, and n., in discussion, the effect of knowledge, by purchaser from husband, of proceedings by wife to have land purchased set aside for her support.

Judgment at law is not a lien on property of the judgment debtor previously conveyed to defraud creditors, p. 249.

Cited and rule applied in In re Estes, 6 Sawy. 464, 467, 3 Fed. 139, 141, holding a judgment at law a lien only on such property as belongs to debtor at time of docketing of judgment; and to same effect is Hallorn v. Trum, 125 Ill. 252, 17 N. E. 824, and Sawtelle v. Weymouth, 14 Wash. 27, 43 Pac. 1103, holding judgment lien provided by code will not attach to lands conveyed by judgment debtor to his wife prior to rendition of judgment, although judgment was for community debt.

Creditor's suit.- Filing of creditor's bill and service of process creates a lien in equity upon effects of judgment debtor, p. 249.

This rule has been applied in the following citing cases: American Bridge Co. v. Heidelbach, 94 U. S. 800, 24 L. 144, where lien created by creditor's bill on profits derived from mortgaged property was held to be superior to that of mortgagee in same; Claflin v. Lisso, 4 Woods, 253, 16 Fed. 898, holding such lien cannot be affected by subsequent proceedings against the judgment debtor under State insolvency laws; to same effect, Kimberling v. Hartly, 1 McCrary, 139, 1 Fed. 574, ruling similarly; Claflin v. Lisso, 27 Fed. 424, holding claim of mortgagee whose right could not attach until conveyance had been shown fraudulent by creditor's suit, is subordinate to claim and lien of such creditors; Hines v. Duncan, 79 Ala. 118, 58 Am. Rep. 584, holding bill in equity to subject a married woman's equitable estate to a debt created by contract creates a lien, from service of process, which is superior to a claim of homestead exemption subsequently created; Lyon v. Robbins, 46 Ill. 280, judgment creditor who first files his bill in chancery to subject property of judgment debtor fraudulently conveyed to payment of his judgment, obtains a priority over all other judgment creditors; to same effect, Hallorn v. Trum, 125 III. 254, 17 N. E. 825, but to constitute a lis pendens bill must be filed and summons served on party in interest; King v. Goodwin, 130 Ill. 108, 17 Am. St. Rep. 279. 22 N. E. 534, and creditor's lien is not divested by death of his debtor; Davidson v. Burke, 143 Ill. 148, 149, 36 Am. St. Rep. 373, 374, 32 N. E. 516, and it is unimportant that final decree establishing lien is not rendered until long after judgment at law has ceased to be a lien by operation of statute of limitations; Iron Co. v. McDonald, 61 Mo. App. 569, where creditor's bill was filed to reach property of debtor placed in hands of trustee; Bragg v. Gaynor, 85 Wis. 487, 55 N. W. 925, 21 L. R. A. 187, in creditor's action to subject debts owing to non-resident to payment of judgment against him, an injunctional order restraining the payment of said debts to non-resident was an equitable levy on same. Approved, arguendo, in Small v. Westchester Ins. Co., 51 Fed. 793, and Adams v. Mercantile Trust Co., 66 Fed. 620, 30 U. S. App. 204. Cited in collection of authorities in Bigelow v. Stringfellow, 25 Fla. 370, 5 So. 818, no special application; Hayden v. Thrasher, 28 Fla. 184, 9 So. 860, holding as to circumstances under which bill in equity will operate as a lis pendens; In re Milburn, 59 Wis. 34, 17 N. W. 968. See extended note on creditor's bill, 90 Am. Dec. 295, 298.

Distinguished in Swift's Iron Works v. Johnson, 26 Fed. 830, and Mathews v. Mobile Ins. Co., 75 Ala. 90, where intervenor was held to have acquired a lien upon prior to the filing of complainant's bill; Rhett v. Georgia Land Co., 64 Ga. 524, purchaser at administrator's sale takes land free from such lien; Ware v. Delahaye, 95 Iowa, 681, 64 N. W. 645, on statutory grounds.

Equity. Court of equity having jurisdiction of parties but not of property in dispute may compel party to convey such property at its direction, p. 249.

Reaffirmed in Phelps v. McDonald, 99 U. S. 308, 25 L. 476, where American court having jurisdiction of parties made decree affecting property claimed to be in England; also Deck v. Whitman, 96 Fed. 880, 886; Baltimore Bld., etc., Assn. v. Alderson, 90 Fed. 146, 61 U. S. App. 644, doubting court's power to place its receiver over property outside its jurisdiction.

Distinguished in Schindelholz v. Cullum, 55 Fed. 889, 12 U. S. App. 242, holding court of equity which has appointed a receiver of lands situated in another jurisdiction has no power to enjoin a citizen of such jurisdiction from levying an attachment on such lands, unless he be a party to litigation in which receiver was appointed.

Lis pendens. To affect a party as a purchaser pendente lite, it is necessary to show that holder of legal title was impleaded before the purchase which is to be set aside, p. 250.

Cited and rule applied in Huneke v. Dold, 7 N. Mex. 15, 16, 32 Pac. 48, where judgment creditor of administrator brought bill against heir of decedent to subject land to payment of judgment, title to such land at time of death of intestate being in a third person who was not made a defendant.

Lis pendens.- Creditor's bill to operate as a lis pendens must be so definite in description that any one reading it can learn what property is to be made the subject of litigation, p. 250.

Approved, arguendo, in Norris v. Ile, 152 Ill. 202, 43 Am. St. Rep. 242, 38 N. E. 765, where court lays down rules as to essentials of a valid lis pendens; Jones v. McNarrin, 68 Me. 341, 28 Am. Rep. 72, Walker v. Goldsmith, 14 Or. 149, 12 Pac. 557, Turner v. Houpt, 53 N. J. Eq. 561, 33 Atl. 43, and Allen v. Poole, 54 Miss. 333, in reviewing authorities relating to lis pendens; note on lis pendens, 14 Am. Dec. 777. See extended monographic note on the law of lis pendens, 56 Am. St. Rep. 860, 866.

Distinguished in Watson v. Wilcox, 39 Wis. 648, 20 Am. Rep. 64, holding clerical error, as substituting the word north for south, will not vitiate notice.

Homestead

Judgments.- Debtor whose property is sold on creditor's bill, cannot set up homestead in part thereof, in an action of ejectment brought by purchaser to put him out of possession, p. 251.

Cited and principle applied in Norris v. Kidd, 28 Ark. 498, holding debtor cannot prevent sale of homestead by simply telling sheriff and bidders, at the sale, he claims property as homestead; Clubb v. Wise, 64 Ill. 159, where decree of court necessarily passes on a

claim of homestead exemption, the decree cannot be questioned collaterally; Storm v. Ermantrout, 89 Ind. 219, holding mortgagor cannot object to payment of rents after receiver has been appointed, on petition of mortgagee, to whom they are to be paid. Cited in dissenting opinion, First Nat. Bank v. Kennedy, 113 Ala. 290, 295, 300, 21 So. 391, 393, 395, 36 L. R. A. 329, 331, 333, the majority holding a fraudulent grantor is not estopped to claim homestead exemption upon conveyance being annulled at suit of creditor; and to same effect is Turner v. Vaughan, 33 Ark. 463. Cited and followed in Henderson v. Still, 61 Miss. 392, a case similar to principal case; New Mexico Nat. Bank v. Brooks, 49 Pac. 949 (N. Mex.), holding it too late to set up an exemption after final judgment had been rendered against defendant in garnishment proceedings; Plant v. Carpenter, 19 Wash. 626, 53 Pac. 1109, holding intervenor estopped by judgment on demurrer; Graham v. Culver, 3 Wyo. 655, 31 Am. St. Rep. 120, 29 Pac. 276, holding judgment for plaintiff sweeps away every defense that should have been raised against action, and this for purpose of every subsequent suit, whether founded on same or different cause. Cited, arguendo, in Richardson v. Adler, 46 Ark. 48, without special application.

Miscellaneous.- Cited incidentally in Bradley v. Claflin, 132 U. S. 388, 33 L. 371, 10 S. Ct. 128. Erroneously cited in Michell v. Sammis, 15 Fla. 315, and Southern, etc., Co. v. Benbow, 96 Fed. 521.

2 Wall. 252-258, 17 L. 785, MARINE BANK v. FULTON BANK.

Banks and banking. The relation between a bank and its general depositors is that of debtor and creditor, p. 256.

This principle is reaffirmed in the following citing cases: Thompson v. Riggs, 5 Wall. 678, 18 L. 707, and Schmidt v. Barker, 17 La. Ann. 264, 87 Am. Dec. 528, where money is placed in bank without condition depositor parts with title and loans money to bank; Bank of Republic v. Millard, 10 Wall. 155, 19 L. 899, and German Savings Institute v. Adae, 1 McCrary, 503, 8 Fed. 107, holder of bank check cannot sue bank for refusing payment in absence of proof that it was accepted by bank or charged against drawer; Scammon v. Kimball, 92 U. S. 370, 23 L. 486, holding banker can set off against demand of insurance company for money it deposited with him, the amount due on its policies issued to and held by him; Phoenix Bank v. Risley, 111 U. S. 127, 28 L. 375, 4 S. Ct. 322, Bank v. Davis, 114 N. C. 345, 41 Am. St. Rep. 796, 19 S. E. 282, Louisiana v. Southern Bank, 33 La. Ann. 961, and Franklin County Bank v. Beal, 49 Fed. 607, principle applied to deposits arising from collections on behalf of another bank; to same effect, Commercial Bank v. Armstrong, 148 U. S. 59, 37 L. 367, 13 S. Ct. 535, holding further as to relations between banks when money collected had not been mixed with funds of collecting bank; Phelan