Bourne v. Maybin
U.S. Circuit Court for the District of Southern Mississippi
In bankruptcy. Appeal from [an unreport*ed] decree of the district court, allowing claim of Mary L. Bourne against bankrupt estate. On December 30, 1868, Joseph W. Maybin was adjudged a bankrupt.
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In bankruptcy. Appeal from [an unreport*ed] decree of the district court, allowing claim of Mary L. Bourne against bankrupt estate. On December 30, 1868, Joseph W. Maybin was adjudged a bankrupt. On January 24, 1877, the bankrupt estate being still unsettled, Mary L. Bourne, with Joshua W. Bourne, her husband, filed for allowance a claim against the bankrupt estate for the sum of $30,000. The claim was presented in the form of a petition, which set forth the facts upon which it was based, and prayed that the assignee of the bankrupt might be made a party, and that an account might be stated…
1Opinion of the Court
WOODS, Circuit Judge.
The defense of the statute of limitations set up in the answer cannot prevail. The evidence shows ■hat the petitioner was married to her present husband while an infant She has, therefore. from her birth been under the disability of either infancy or coverture, either of which suspends the statute of limitation under the Code of Mississippi: Code 1857, art 12, § 2, c. 57, p. 400, and Code 1871, § 2156. Nor is the petitioner concluded by the accounts as they are styled, filed in the probate court by Maybin, as guardian, and the action of the court thereon. Both were filed…
2Cases cited15 opinions
- Cheesebrough v. MillardNew York Court of Chancery · 1815
- Duke of Cumberland v. CodringtonNew York Court of Chancery · 1817
- Clark v. . RowlingNew York Court of Appeals · 1850
- Stevens v. CooperNew York Court of Chancery · 1815
- Cutter v. EvansMassachusetts Supreme Judicial Court · 1874
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3Cited by1 opinion
- Prine v. MappSupreme Court of Georgia · 1888