State ex rel. Bain v. Browning
Missouri Court of Appeals
Appeal from Holt Circuit Court. — Ho». Gallatin Craig, Judge. (1) The statute of limitation does not begin to run against a distributee of an estate until final settlement and order of distribution. State v. Blackwell, 20 Mo. 97; State ex rel. v. Hoshaw, 86 Mo. 193,198; R. S. 1899, sec. 3529. (2) The statute of limitations did not begin to run until plaintiff’s (relator’s) right of action accrued. Rabsuhl v. Lack, 35 Mo. 316; State ex rel. v. Hoshaw, .86 Mo. 198.
1Opinion of the CourtBroad Bus, J.
This is a suit upon a guardian and curator’s bond. In 1895 James Bain was appointed *456guardian and curator of the person and estate of Julia Bernice Bain and gave a bond, as required by law, with James R. Price, Thomas Story, Nathan Wansley . and John Galloway as his securities. ' The amount of the bond was for $4,000. Money came into the hands of said Bain as such curator which he held until his death in December, 1900, having failed to make a final settlement and acounting to said Julia Bernice Bain who had become of age prior thereto, viz., October 22, 1899. In September, 1899, one of the…
2Cases cited3 opinions
- Pearce v. CalhounSupreme Court of Missouri · 1875
- Burton v. RutherfordSupreme Court of Missouri · 1872
- Ayers v. DonnellSupreme Court of Missouri · 1874