Ellis v. McGee

Citations

• 63 Miss. 168

Syllabus

<p>1. Executor de son tort. Bill in equity against. What necessary to contain.</p> <p>M., as the guardian of L., a minor, exhibited a bill which set out that he, as such guardian, obtained a decree against E. in 1874; that E., soon after the decree, transferred certain of his property to his son G. to avoid paying the decree ; that E. diéd, and G. appropriated and converted to his own use certain other of the property of E.; that no administrator was appointed until November, 1883, and this bill was filed in December, 1884; that the decree was revived against the estate of E. soon after the administrator was appointed. The bill prayed that a decree be rendered against G. as executor de son tort for the amount of the decree formerly rendered in favor of M. as guardian of L., or for so much thereof as the value of the property of E., so converted by G. Held, on demurrer, that the bill shows equity. Garner v. Lyles, 35 Miss. 176, cited.</p> <p>2. Limitation oe Actions. Infancy. Section 2694, Code of 1880. Case in judgment.</p> <p>A decree was rendered against E., in favor of M-, as guardian of L., a minor, in 1874. E. died in May, 1878, and no administrator of his estate was appointed until November, 1883, when the decree was revived against the estate of E. In December, 1884, M., as guardian, L. still being a minor, filed a bill against the administrator of the estate of E., and also against G. as executor de son tort. Held, that the statute of limitations is no defense, because of the infancy of the ward to whom the money is due by decree, and that the ease is governed by the Code of 1871, as the bar is not complete by l 2694, Code of 1880.</p>