State ex rel. Coste v. Fulton
Supreme Court of Missouri
Appeal from St. Louis Common Pleas Cou/rt. I. In order to make any lapse of time a bar to an action, the person against whom it is to operate must be sui ju/ris able to enforce his rights. Here the real parties in interest are infants of tender years, and for whom no curator was appointed until 1855. Until that time no suit could have been brought by them against these defendants. II.
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Appeal from St. Louis Common Pleas Cou/rt. I. In order to make any lapse of time a bar to an action, the person against whom it is to operate must be sui ju/ris able to enforce his rights. Here the real parties in interest are infants of tender years, and for whom no curator was appointed until 1855. Until that time no suit could have been brought by them against these defendants. II. The statute by its very words makes the limitation of seven years within which suits can be brought against the securities of an administrator relate only to suits of an administrator de bonis non. III. The fact…
1Opinion of the CourtBates, Judge
- Octavia Lesseur, widow of Alexander Lesseur, became ad-ministratrix of his estate, and the defendants were the secu*325rities in her bond as such administratrix ; she subsequently married Beneke, by means of which marriage her letters of administration were revoked, and an administrator de bonis non was appointed; she made in the probate court a settlement of her administration, and a balance being found in her hands, she was ordered to pay it to her successor in the administration. More than seven years afterward, the plaintiffs, who are the children and heirs-at-law of Alexander Lesseur,…
2Cited by11 opinions
- Ellyson v. LordSupreme Court of Iowa · 1904
- State ex rel. Collins v. DulleSupreme Court of Missouri · 1870
- Green v. TittmanSupreme Court of Missouri · 1894
- State ex rel. Midgett v. MatsonSupreme Court of Missouri · 1869
- State ex rel. Welch v. MorrisonSupreme Court of Missouri · 1912
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