108 Iowa 247 | Iowa | 1899
— The record presents but a single question, — was the cause of action set out by plaintiff barred by the statute of limitations ? The facts stated in the petition are as follows: Jacob Ackerman died in the year 1860, leaving surviving a son, George Ackerman, then some six years of age, and a widow, Margaret Ackerman. The widow was duly appointed • guardian of the child. Subsequently she married the defendant, Fred ITilpert. On August 15, 1870, said guárdian procured an order of the proper court, authorizing her to sell certain real estate of her ward. As required by law, she executed an additional bond, and the defendants herein were surety thereon. The real estate was duly sold. In 1875 the ward attained his majority, and in 1883 he died. The plaintiff, Margaret Ackerman, is his widow, and George L. Ackerman his son. It is claimed that Margaret Hilpert never accounted to her ward for the proceeds of the sale- of
Some language is used in O’Brien v. Strang which lends, an apparent support to appellant’s contention. It was not, however, necessary to a decision of the issues before the court. But it may be well for us to say something as to the meaning