Ricords v. Watkins

This is the same case that was in this court under the name of Smith vs. Ricords’ Adm’x, (52 Mo., 581) and we are now asked to re-consider and reverse the decision then *554rendered. The only question is, whether the.statute of limitations applies. The facts are stated in the former opinion, and if we admit that the evidence adduced showed an implied trust as against Eicords, it is still difficult to perceive upon what ground this bar of the statute could be prevented from running. The question as to when trustees who have acted in a fiduciary capacity may avail themselves of the statute of…