179 S.W.2d 355 | Tex. App. | 1944
Glenn H. Pate brought this suit against defendants for recovery against them as sureties on a guardian's bond executed for his benefit while he was a minor. One of the defenses interposed was the four-year statute of limitation and on trial before the court without a jury the court held that said statute was applicable and precluded the plaintiff from recovery. The decree was accordingly entered and the plaintiff has appealed.
The judgment of the trial court is assailed solely on the ground that the court erred in the application of the four-year statute of limitation to the factual situation presented.
At the request of appellant the court filed findings of fact and conclusions of law substantially as follows: (1) That A. E. Pate, father of plaintiff, was appointed guardian of the estate of plaintiff on October 10, 1919, and duly qualified as such guardian, and that defendants were the sureties on his bond, and that such guardianship was still pending; (2) that Glenn H. Pate, plaintiff in this case, was born September 26, 1917, and that the guardian, A. E. Pate, died July 8, 1935, and that plaintiff filed his petition in this cause on September 25, 1942. The court concluded as a matter of law that plaintiff reached his majority on September 25, 1938, and that by virtue of the provisions of Art. 5528, Revised Civil Statutes of Texas, the plaintiff's cause of action expired on September 24, 1942, the day before this suit was filed. The trial court's conclusions of law were predicated upon the holding of the Supreme Court of Texas in the case of Ross v. Morrow,
The judgment of the trial court is affirmed. *357