Parish v. Alston
Texas Supreme Court
Appeal from Houston. Tried below before the Hon. John B. Kennard. Appellant, Mrs. Parish, joined ‘by her husband, instituted this suit against appellee, as executor of Philip Alston, deceased, to recover amounts claimed to be due her by Philip Alston as her guardian.
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Appeal from Houston. Tried below before the Hon. John B. Kennard. Appellant, Mrs. Parish, joined ‘by her husband, instituted this suit against appellee, as executor of Philip Alston, deceased, to recover amounts claimed to be due her by Philip Alston as her guardian. The original petition was filed September 16, 1881. The guardian qualified in 1858 or 1859, when his ward was only two or three years old, and she lived in his family until her marriage in April, 1872, at the age of seventeen years. She was the grand-daughter of her guardian. He died in May, 1879, without having settled with his…
1Opinion of the Court
Watts, J. Comm. App.
By the terms of the statute then in force, the marriage of appellant, Alice Parish, terminated the guardianship. Pas. Dig., art. 6928. It also rendered her, in legal contemplation, of full age, although a minor. Thompson v. Craig, 24 Tex., 582.
Prom the allegations in the petition, it appears that the acts of waste, conversion, etc., complained of, occurred prior to the marriage. In other words, the cause of action accrued to her during the guardianship. A suit for the waste, conversion, etc., might have been maintained against Phillip Alston, the guardian, at any time…
2Cases cited4 opinions
- Thompson v. CraggTexas Supreme Court · 1859
- Taylor v. KilgoreSupreme Court of Alabama · 1858
- Eiland v. ChandlerSupreme Court of Alabama · 1845
- Underwood v. School Township 16Supreme Court of Alabama · 1859
3Cited by11 opinions
- Boren v. BorenCourt of Appeals of Texas · 1905
- Hanner v. MoultonSupreme Court of the United States · 1891
- Allen v. StovallTexas Supreme Court · 1901
- Gibson v. OppenheimerCourt of Appeals of Texas · 1913
- Baldwin v. Davis Hill Oil Co.Court of Appeals of Texas · 1951
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