95 Iowa 559 | Iowa | 1895
The only question presented on the appeal is as to the statute of limitations. It seems to be conceded that, unless the action is founded on the guardian’s bond, the plea of the statute is well taken. In Humphreys v. Mattoon, 43 Iowa, 556, it is held that,, where a guardianship ceases by a ward’s arriving at full age, an action lies in favor of the ward; that after the ward becomes of age he stands in the relation of a creditor to his guardian; that his cause of action is then complete; and that, if he fails to bring suit within the time limited, his claim is barred. That this action was not originally intended as one on the bond is clear. It was simply an application for an accounting with the guardian, and for an order to pay over money found due. In fact, we think the character of the proceeding.