Rembert v. Key

Citations

• 58 Miss. 533

Syllabus

<p>1. Limitation of Action's. Death of debtor. No administration.</p> <p>A debt due, but not barred by the Statute of Limitations, at the time of the death of the debtor, cannot, after his death, be barred by such statute before letters of administration or of executorship have been granted upon his estate.</p> <p>2. Res Adjtoicata. Suit by trustee and by eestai que trust. Case in judgment.</p> <p>S. purchased a tract of land with money belonging to her children, but took the title in her own name. She then sold the land to K., giving a bond for title, and receiving a part of the purchase-money, the balance to be paid in twelve months. K. failed to make the deferred payment, and S. conveyed the land in trust to B. for her children, in consideration of her indebtedness to them. Thereupon B. filed a bill in chancery to subject the land to the payment of the unpaid purchase-money. A demurrer to the bill was sustained and the suit dismissed, and no appeal was taken in that case. Subsequently a bill was filed by the children of S., seeking substantially the same relief as was sought in the other case. A demurrer to this bill was sustained, and the complainants appealed. It is contended by the appellees that the matters of this suit are res adju lioata. The complainants in the latter bill were no.t parties to the former suit. And the conveyance by S. to B. made no mention of the debt for the purchase-money still due on this land. Held, that B. has no interest, beneficial or technical, in such debt, and no right to collect it; and his unauthorized and unsuccessful attempt to collect the same by a proceeding to which the appellants were not parties did not bind them, nor in any manner affect their right to bring this suit.</p>