112 Tenn. 296 | Tenn. | 1903
delivered the opinion of the court.
The defendant Eli Sims was appointed and qualified as guardian of the minor complainant, Wade H. Broyles in 1889, executing a bond for the faithful discharge of his duties, with his codefendants as sureties.- After holding the office for several months, he was removed
We think that the court of chancery appeals was in error in this holding. As already stated, the bill was filed by the minor by his guardian, and relief is given to
In Simpson v. King, 1 Ir. Equity, 11, it was lield that a suit in equity for a legacy should be brought in' the name of the infant, and not that of the guardian, though payment upon recovery could only legally be made to the latter. And so in the present case, while the recovery made here will be at the -instance of and for the benefit of the minor, yet the proceeds of this recovery would pass into the custody and under the control of his guardian, protected by the bond which he has heretofore executed.
In the opinion delivered by the court of chancery appeals it is said “that the right of action of a minor against his guardian for malfeasance or illegal conduct in the management of his trust , does not accrue against him or his sureties until the minor arrives at age.” The case of Minter v. Clark, 92 Tenn., 459, 22 S. W., 73, is cited in support of his proposition.- We think, however, that the court -has made á misapplication of that authority. There the complainant, after having reached his majority, filed a bill against one who had been his guardian from his early infancy, and against the sureties upon the various bonds Avhich he had been compelled to give from time to time as such guardian. Among other defenses, these sureties relied upon the statutes of limitations of six and ten years, and the chancellor, in disposing of the case, allowed certain of these sureties the benefit of this plea. Upon appeal to
Upon the filing of the present bill the complainant, Broyles, became the ward of the chancery court, and it
We find, upon examination of the record, that certain notes, the property of the defendant Sims, are in the registry of the chancery court of White county, held under the attachment referred to subject to the decree
The cost of the cause in the court below as - well as in this court will be paid by the defendant Sims and the sureties upon' his guardian bond.