Hill v. Josselyn

Citations

• 21 Miss. 597

Syllabus

<p>The debts due the sinking fund belong to the state of Mississippi; a debtor therefore, to that fund, when sued by the state commissioner, cannot set up the statute of limitations in bar of the suit.</p> <p>The sinking fund, prior to the act of February, 1844, was, by law, under the management of the auditor of public accounts, and of the president and cashier of the Planters’ Bank ; these persons were thereby created”trustees, for what to some extent was a public purpose»; and the act of a majority of them, therefore, in the conduct of the fund, it seems would be binding and authoritative, but the act of any one of them would not be without the sanction of one of the others.</p> <p>It seems, however, in cases of private trusts and joint agencies, that all the trustees must join in the act.</p>