Langston v. Shands

Citations

• 23 S.C. 149
• 1885 S.C. LEXIS 86

Syllabus

<p>1. A joint and several bond, which matured January 1, 1860, and was credited with a payment January 5, 1860, was presented in September, 1883, under a call for the creditors of P deceased, one of the obligors. Held, that it must be presumed to have been paid, notwithing judgment against the other obligors and payments thereon after P’s death; and notwithstanding an action commenced against P’s estate in 1870, but dropped from the calendar by the Circuit Judge in 1877, and never restored.</p> <p>2. A guardian’s bond stands as security to the ward for the payment of whatever may be found due on a proper accounting, for full twenty years from the day that the ward may demand a settlement; but the right to an accounting may be barred in a shorter time, under the statute, where there has been a disavowal of the trust.</p> <p>3. The acts of the guardian in this case did not amount to a disavowal of trust, and yet were not admissions binding upon the surety on his bond.</p> <p>4. An infant ward having married a husband in March, 1863, the presumption of a payment by her guardian to her husband for her, then commenced to run, and was complete before September, 1883, when the claim was presented in this case for payment.</p>