Motes v. Madden

Citations

• 14 S.C. 488
• 1881 S.C. LEXIS 16

Syllabus

<p>1. Two months before attaining his majority, a ward executed and delivered to his guardian a receipt for §5475.49 “on final settlement in full of his guardianship accounts with me; ” and a copy was filed in the office where guardians’ returns were required by law to be filed; this receipt, in fact, represented the balance due upon settlement, and payments were after-wards, and from time to time, made by the guardian to the ward. In a suit upon the guardianship bond instituted by the ward, nine years after-wards — Held, that as to the sureties, the action was barred by the statute of limitations.</p> <p>2. Smith v. Caldwell, 15 Hick. 365, recognized and followed.</p>