Draughon v. Warren
Draughon v. Warren
Opinion of the Court
There was no exception to the finding of fact by the court below that the defendants had no meritorious defense and had shown no meritorious reason for vacating or setting aside said judgment. This finding, unexcepted to, is supported by ample evidence and fully sustains the judgment entered.
Likewise, we concur in the opinion of the court below that the debt the movants are attempting to assert is barred by the three-year statute of limitations. Neither the orders authorizing the expenditures by the guardian nor the order permitting the administrator to transfer the claim to a trustee gave the debt the quality of a judgment. Even so, the incompetent had a guardian and the claim could have been prosecuted against the guardian at any time from its creation in 1924 until the time of the death of the incompetent, except for the short period intervening between the death of H. E. Warren, guardian, and the appointment of the successor guardian.
The judgment below is
Affirmed.
Reference
- Full Case Name
- MYRTLE W. DRAUGHON and Husband, ROBERT A. DRAUGHON MAMIE W. SNIPES and Husband, R. V. SNIPES FELTON WARREN and Wife, LELON WARREN CLIFFORD WARREN, Single LUBIE WARREN, Single and WIELIE WARREN, Minor, by His General Guardian, SUSAN WARREN v. JOE T. WARREN and Wife, BERTHA WARREN EUNICE WARREN and Husband, JIM WARREN JACK WARREN and Wife, IVA WARREN ELSIE WALTERS and Husband, GATE I. WALTERS BESSIE TART and Husband, J. M. TART MYRTLE W. POPE and Husband, ALBERT POPE ASHLEY WARREN and Wife, EDNA MAY WARREN TILGHMAN WARREN, Minor, by His General Guardion, SARAH J. WARREN (Original Parties Defendant), and FLOYD DAWSON and Wife, NORA BELLE DAWSON WILBERT DAWSON and Wife, LOUISE DAWSON ELMER D. JACKSON and Husband, PAUL JACKSON ELOISE D. HODGE and Husband, LEONARD HODGE, Both Minors, by Their General Guardian, MINNIE DAWSON, EARTHY DAWSON, EULIN DAWSON, RETHA DAWSON, VERGA DAWSON, and DOIL MAE DAWSON, All Minors, by Their General Guardian, HATTIE BELLE DAWSON LOIS DAWSON ARAH DAWSON EVELYN DAWSON, Minor LUTHER DAWSON, Minor CLETA DAWSON, JULIUS DAWSON, and KIMBER DAWSON, All Minors, by Their General Guardian, H. F. MOBLEY LESSIE D. WILLIFORD and Husband, ALTON WILLIFORD and IVA W. DIXON and Husband, THAD DIXON and MARGARET DAWSON (Additional Parties Defendant)
- Status
- Published