Dunn v. Clinghan
Mississippi Supreme Court
Prom tbe chancery court of, first district, Hinds county. ITon. G. Garland Ltell, Chancellor. Mrs. Dunn and others, appellants, were complainants in a suit upon a guardian’s hondón the court below; Clinghan and others, appellees, sureties on the bond, were defendants there. Prom a deciee in defendants’ favor, predicated of the five years statute of limitation, Code 1892 § 2738 (Code 1906, § 3098), applicable to such suits, the complainants appealed to the supreme court.
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Prom tbe chancery court of, first district, Hinds county. ITon. G. Garland Ltell, Chancellor. Mrs. Dunn and others, appellants, were complainants in a suit upon a guardian’s hondón the court below; Clinghan and others, appellees, sureties on the bond, were defendants there. Prom a deciee in defendants’ favor, predicated of the five years statute of limitation, Code 1892 § 2738 (Code 1906, § 3098), applicable to such suits, the complainants appealed to the supreme court. The facts are fully stated in the opinion of .the court. Before the enactment of Code 1892, § 2738, the period of limitation…
1Opinion of the CourtWhitfield, C. J.
This case is to be resolved by deciding the question whether the five-year statute of limitations provided by Code 1892, § 2738, being the same as Code 1906, § 3098, bars this action against the guardian and the sureties on his bond. It is to by noted, in this case, that no annual or final account was ever filed b^the guardian. Code 1880, § 2107 reads, so far as this point is concerned, as follows: “The powers and duties of every testamentary or other guardian, over the person and estate of his ward, shall cease and be determined when such ward shall either arrive at the age of twenty-one…
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