Aby v. Brigham

In 1860, the plaintiffs, who were commission merchants of George S. Clark, a resident of Mississippi, accepted for him two drafts and paid them, one for §3487 46, due on the eighth of January, 1861, the other for $235, due on the first of December, 1860.

Clark died in 1861, and after the war, J. H. Brigham was appointed curator of the succession of Clark in Morehouse parish, in which Clark owned property. About the first of March, 1867, suit was instituted for the sums thus advanced and commissions, and service of citation and petition was made on the same day.

The defense is, the prescription…