Evans v. Jeffries, Guardian

I reach the same result as does the majority; but I differ from the majority as regards the issue of limitations. The majority holds that the plea of limitations is not available to Evans, since § 9465, Pope’s Digest, does not apply to this situation. It is unnecessary, I think, to distinguish the situation in the case at bar from the § 9465, because T think the Evans payment of $200 to Miss McHugh constituted a tolling of the statute of limitations.

To elaborate: Evans testified (a) that he trusted Comer to pay the taxes; (b) that he was to repay Comer for tlie taxes; and (c) that when he…