Gilbert v. Meriam
Supreme Court of Louisiana
Appeal from the District Court of Ibei-ville, Nicholls, J. This is an action upon a tutor’s bond, against the defendant as surety. The only sei-ious defence is the plea of prescription, established by art. 356 of Civil Code. The prescription relied on, is inapplicable to this demand, which is against the surety on the bond, and not against the tutor for a rendition of accounts. 6 La. 161. 1 Mart.
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Appeal from the District Court of Ibei-ville, Nicholls, J. This is an action upon a tutor’s bond, against the defendant as surety. The only sei-ious defence is the plea of prescription, established by art. 356 of Civil Code. The prescription relied on, is inapplicable to this demand, which is against the surety on the bond, and not against the tutor for a rendition of accounts. 6 La. 161. 1 Mart. N. S, 334. Toullier, 2d vol nos. 1275 — 6. Whether the tutor is yet liable and bound to account, is not the question; but the question is, whether he has accounted and paid ovex-all moneys in…
1Opinion of the Court
The judgment of the court was pronounced by
King, J.
The plaintiffs allege that their father died leaving a large succession, which was taken possession of and administered by their tutor, Lloyd Gilbert. That by a decree of the Court of Probates of the parish of Ascension, the succession of the deceased was finally settled, and their shares ascertained to bo $21,445 37, which sum was received by their tutor, who has paid no part of it to them. That for the faithful administration of their estates, their tutor gave á bond in the sum of $26,000, for one-third of which, the defendant, Meriam,…
2Cases cited1 opinion
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