Wallace v. Swepston
Supreme Court of Arkansas
Appeal from Crittenden Chancery Court. statement by the court. Appellants are the surviving children and heirs at law of Robert C. Wallace, deceased, from whom they inherit lands, and who was one of the sureties on the bond of John W. Guer-rant, as guardian of the person and estate of appellee when she was a minor. This is a suit brought by appellee in the chancery court to recover from the estate of said deceased surety, Robt.
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Appeal from Crittenden Chancery Court. statement by the court. Appellants are the surviving children and heirs at law of Robert C. Wallace, deceased, from whom they inherit lands, and who was one of the sureties on the bond of John W. Guer-rant, as guardian of the person and estate of appellee when she was a minor. This is a suit brought by appellee in the chancery court to recover from the estate of said deceased surety, Robt. C. Wallace, on the bond of said guardian, and to enforce against the lands inherited by appellants from said Wallace one-half of the amount due appellee from the said…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) Appellants among other defenses tendered by their answer, pleaded the statute of limitations.
It has been held in many decisions of this court that the cause of action against the surety on a guardian’s bond does not accrue until the amount of the liability is established by an order of the probate court, and an order is made by said court directing the amount to he paid over; and that the statute of .limitations does not commence to run against an action on the bond until that time. Padgett v. Norman, 44 Ark. 490; Vance v. Beattie, 35 Ark. 93; Connelly…
2Cases cited12 opinions
- Hankins v. LayneSupreme Court of Arkansas · 1886
- Hall v. BrewerSupreme Court of Arkansas · 1883
- Connelly v. WeatherlySupreme Court of Arkansas · 1878
- Padgett v. NormanSupreme Court of Arkansas · 1884
- Hill v. PipkinsSupreme Court of Arkansas · 1904
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Chitty v. GillettSupreme Court of Oklahoma · 1915
- Cole v. HallSupreme Court of Arkansas · 1907
- Colby v. City of PortlandOregon Supreme Court · 1918
- George v. Serrett, AdministratorSupreme Court of Arkansas · 1944
- Parks v. MurphySupreme Court of Arkansas · 1924
4 more not listed; retrieve them via the Exa API.