Savings, Building & Loan Ass'n v. Tartt
Mississippi Supreme Court
From the chancery court of Lauderdale county. Hon. Stone Deavours, Chancellor. Tartt, the appellee, was complainant in the court below; the building and loan association and others, appellants, were defendants there. The controversy arose - from the following facts: In 1877 Joel P. Walker became the guardian of Sallie- and’Elnathan Tartt. He received $12,000 for them, and gave a bond, in the penalty of $18,000, as guardian. One of the sureties on this bond.was Peter Higgins.
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From the chancery court of Lauderdale county. Hon. Stone Deavours, Chancellor. Tartt, the appellee, was complainant in the court below; the building and loan association and others, appellants, were defendants there. The controversy arose - from the following facts: In 1877 Joel P. Walker became the guardian of Sallie- and’Elnathan Tartt. He received $12,000 for them, and gave a bond, in the penalty of $18,000, as guardian. One of the sureties on this bond.was Peter Higgins. Higgins died intestate in 1881. His estate was administered upon in the chaneery court; notice to creditors given,…
1Opinion of the CourtWhitfield, C. J.
The liability of the surety on the guardian’s bond is not a probatable claim. Hence noné of the statutes of limitation which would bar such a claim have any application. There is a statute which would bar this debt, and but one; and that is the statute which would bar Tartt if he did not sue, after age, within the time prescribed by statute. Yandell v. Pugh, 53 Miss., 301; Gillespie v. Hauenstein, 72 Miss., 838 (17 South., 602). There ought to be no other bar, and it is doubtless the fact that there ought not to be which accounts for the pregnant fact-that the legislature never has prescribed…
2Cases cited2 opinions
- Gillespie v. HauensteinMississippi Supreme Court · 1895
- Yandell v. PughMississippi Supreme Court · 1876
3Cited by3 opinions
- Sledge & Norfleet Co. v. DyeMississippi Supreme Court · 1926
- Hill v. OuztsMississippi Supreme Court · 1941
- Pigford v. CoulterMississippi Supreme Court · 1933