Humphreys v. Mattoon
Supreme Court of Iowa
Appeal from Muscatine District Ooiurt. Plaintiff’s petition was filed July 14th, 1874, in which it is alleged that his mother died in 1840, and his father about the year 1844. The further material allegations of the petition are in substance as follows: In the year 1845 Ansel Humphreys was, by the Probate Court of Whiteside Co., 111., appointed guardian of plaintiff’s estate.
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Appeal from Muscatine District Ooiurt. Plaintiff’s petition was filed July 14th, 1874, in which it is alleged that his mother died in 1840, and his father about the year 1844. The further material allegations of the petition are in substance as follows: In the year 1845 Ansel Humphreys was, by the Probate Court of Whiteside Co., 111., appointed guardian of plaintiff’s estate. Prior to the year 1850 said guardian received and collected some seven hundred dollars of the estate of plaintiff. Said guardian never expended any of said sum for the maintenance or education of plaintiff, and was not…
1Opinion of the CourtRothrook, J.
The demurrer is based on a number of causes, among which is the statute of limitations. As in our opinion this one cause is decisive of the case, we will briefly consider it, omitting any allusion to the other questions raised in argument.
i statute of toucfulent1 concealment. The prayer of the petition does not ask that an account be taken for the amount due. The pleader seems to have av°ided that necessary feature of the case. The ^acts pleaded, however, show that the relief, if &11^ plaintiff is entitled, is the statement of an account of the. amount due; and when that is *558ascertained, then…
2Cases cited3 opinions
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