Wycoff v. Michael
Supreme Court of Iowa
Appeal from Wapello District Court. — Hon. W. D. Tisdale, Judge. L. J. Michael is the administrator of the estate of Thomas Bingham, deceased, who, in his lifetime, was guardian of the property of the plaintiff. From October, 1869, to April, 1873, Bingham, as guardian, received on account of his ward, as pension, the sum of three hundred and eighty dollars and fifty-three cents.
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Appeal from Wapello District Court. — Hon. W. D. Tisdale, Judge. L. J. Michael is the administrator of the estate of Thomas Bingham, deceased, who, in his lifetime, was guardian of the property of the plaintiff. From October, 1869, to April, 1873, Bingham, as guardian, received on account of his ward, as pension, the sum of three hundred and eighty dollars and fifty-three cents. The plaintiff attained his majority in July, 1884. This proceeding was commenced by him in August, 1891. The petition, as originally filed, seems to have been with Bingham as defendant, as the answer is signed by him.…
1Opinion of the CourtGranger, J.
The only question presented on the appeal is as to the statute of limitations. It seems to be conceded that, unless the action is founded on the guardian’s bond, the plea of the statute is well taken. In Humphreys v. Mattoon, 43 Iowa, 556, it is held that,, where a guardianship ceases by a ward’s arriving at full age, an action lies in favor of the ward; that after the ward becomes of age he stands in the relation of a creditor to his guardian; that his cause of action is then complete; and that, if he fails to bring suit within the time limited, his claim is barred. That this action was not…
2Cases cited5 opinions
- Humphreys v. MattoonSupreme Court of Iowa · 1876
- Jones v. JonesIndiana Supreme Court · 1883
- Gilbert v. GuptillIllinois Supreme Court · 1864
- O'Brien v. StrangSupreme Court of Iowa · 1876
- State ex rel. Coleman v. WilliSupreme Court of Missouri · 1870
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