George v. Elms
Supreme Court of Arkansas
APPEAL from Yell Circuit Court. Hon. G. S. Cunningham, Circuit Judge. Plaintiff’s action accrued more than eleven years before suit brought, viz.: on the day of the approval of the fifth and final account. They are barred.
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APPEAL from Yell Circuit Court. Hon. G. S. Cunningham, Circuit Judge. Plaintiff’s action accrued more than eleven years before suit brought, viz.: on the day of the approval of the fifth and final account. They are barred. Gantt’s Dig., sec. 1¡.1S7; 33 Ark., 658; 39 ib., 11$; S3 ib., 93. It certainly accrued when the court, at the instance of the guardian of the only minor heir, ordered a distribution in April, 1873. Oantt’s Dig., secs. 157 to 168; 5 Ark., £68; 21 ib., £08 and £50. The final account (the fifth) not being excepted to, and having been finally approved, it was not thereafter…
1Opinion of the Court
OPINION.
Cockrill, C. J.
1. Statute of limitati ons on admini*trator's bond. The appellants rely upon the statute of limitations as a bar to the action. A cause of action did not accrue upon the bond until the administrator’s accounts were finally settled and an order made by the court directing him to pay the amount found due to the parties entitled to receive it. Fort v. Blagg, 38 Ark., 471 Baker v. State, 21 ib., 405; Padgett v. Coleman, 45 ib., 495.
The inference from the record is that such an order might have been procured by the administrator or the distributees as early as 1872, but a…
2Cited by9 opinions
- Ferguson v. CarrSupreme Court of Arkansas · 1908
- In Re McLeod's EstateOregon Supreme Court · 1938
- Briggs v. ManningSupreme Court of Arkansas · 1906
- Ireland v. StateSupreme Court of Arkansas · 1911
- Statham v. BrookeSupreme Court of Arkansas · 1919
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