101 Iowa 453 | Iowa | 1897
In September, 1866, James Lough-ridge was appointed guardian of three minors named Podgett, and gave a bond in the penal sum of five hundred dollars to secure the faithful performance of his duties as guardian. H. Howard and Gf. W. Norton signed the bond as sureties. In the year 1879, Lough-ridge made a final report, and it was found that there was due .to two of the minors sums which amounted in the aggregate to more than nine hundred dollars. An order was made removing Loughridge as guardian and appointing C. P. Searle to succeed him. Lough-ridge failed to pay to the proper person the amount for which he was responsible as guardian, and an action was brought against him and the sureties on his bond by one of the Podgetts, to recover the sum due him. Searle appears to have been substituted as plaintiff, and on the twenty-fifth day of April, 1879, judgment was rendered in his favor, against Loughridge, for three hundred and eighty-two • dollars and sixty-six cents, and against Norton as surety, for two hundred dollars, and costs. The cause was continued as to Howard. He paid liabilities incurred by the sureties to the full amount of the bond, and judgment in that action was not rendered against him. The judgment was not paid, and it is claimed that Howard became the owner of it. In April, 1893, Norton not having paid anything on account of his suretyship, a settlement was effected between him and Howard, by which, in consideration of eighty-five dollars then paid by Norton, Howard assigned to him an undivided one-half of the rights he had acquired by reason of the payments he had made under the bond, and released
III. The appellant objects that it is not shown that the judgment in question was properly rendered in favor of Searle; that it is not shown that it was duly assigned to Howard; and that the claim of the plaintiffs is barred by the statute of limitations. We do not find that any one of these objections is well founded. All questions presented by the appellant in argument have been examined, but we do not find any ground upon which the order of the district court should be disturbed. It is, therefore, affirmed.