Newby's Adm'r v. Warren's Adm'r

Opinion of the Court by

Judge Stites

Reversing.

In 1916, Emily Newby was adjudged to be a person of unsound mind and M. A. Dodson was appointed her committee with Marion Warren as surety on his bond. In 1926, Mr. Dodson died but no one has been appointed to succeed him in the office of committee. Emily Newby died in 1929 and the appellant, E. M. Montgomery, was appointed administrator of her estate a short time thereafter. In 1932, the surety, Marion Warren, died. This action was filed in 1935 against the appellee, Charles T. Warren, as administrator of the estate of Marion Warren to recover the…