Foster v. Maxey's Executors
Foster v. Maxey's Executors
Opinion of the Court
delivered the opinion of the court.
This is a suit upon a guardian bond against Thomas Patterson, guardian for William Downs, and William Maxey’s executors and James Carter, his securities. Patterson was removed from his guardianship the 25th of April, 1822. William Maxey died in May, 1823, and at October session, 1823, of the county court of Davidson, the defendants qualified as executors of his will. This suit was commenced the 28th of March, 1832. These facts are pleaded by the executors of Maxey; and the statute of limitations of two years of 1789, ch. —, and of seven years, (act of 1715, ch. 48, sec. 9,) is relied on.
In the case of the Justices of Franklin county vs. Willis, (3 Yer. Rep. 461,) this court decided, that a suit upon the guardian bond, or a bill in equity might be brought at the election of the plaintiff. True, in that case the guardian only was sued. But if an action could be maintained at all on the bond in the first instance,
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.