Hines v. Potts

Citations

• 56 Miss. 346

Syllabus

<p>1. Trust akd Trustee. Trustee’s contracts. Trust estate.</p> <p>Generally, the contracts of a guardian, or other trustee, bind himself personally, and do not bind the estate he represents, or subject it to an action.</p> <p>2. Same. Subrogation in equity. Action at law.</p> <p>One whose money has discharged claims against a trust estate, which it was bound to pay, is substituted in equity to the rights of the holder of such claims, but cannot maintain an action at law against the trust estate or cestui que trust.</p> <p>3. Lunatic. Money loaned guardian.</p> <p>No action can be maintained against a lunatic for money received by his guardian, without an application of it to the use and benefit of the lunatic.</p> <p>4. Same. Contracts void. Action against.</p> <p>A lunatic has no power to make an express contract, and an action upon such contract is not maintainable against him. And the law will only imply a contract for him where it is necessary.</p> <p>5. Same. Debt due before lunacy.</p> <p>An action at law is maintainable against a lunatic to recover a debt due from him before he became a lunatic.</p> <p>6. Pleading. Statute of Limitations. Sow availed of.</p> <p>The bar of the Statute of Limitations cannot be availed of by a demurrer to the declaration, even though the cause of action set forth may appear to'be barred; but the bar must be pleaded, so'that the plaintiff may have an opportunity to avoid it by replication.</p> <p>7. Same. Demurrer. One count in declaration good.</p> <p>It is erroneous to sustain a demurrer to a whole declaration, one count of which is good.</p>