Heath v. Elliott

• Court: Iowa Supreme Court
• Writing for the Court: ROTHROCK
• Citation: Heath v. Elliott, 83 Iowa 357, 49 N.W. 984 (Iowa 1891)
• Decision Date: 09 October 1891
• Parties: HEATH v. ELLIOTT.

83 Iowa 357

49 N.W. 984

HEATH

v.ELLIOTT.

Supreme Court of Iowa.

Oct. 9, 1891.

Appeal from district court, Monona county; SCOTT M. LADD, Judge.

This is an action to compel an accounting for money alleged to have been received by the defendant as guardian of the plaintiff during her minority. There was a trial upon the merits, and the plaintiff's petition was dismissed, and she appeals.Chas. MacKenzie and Dewell & McGavren, for appellant.

C. E. Underhill and Craig S. Wright, for appellee.

ROTHROCK, J.

The plaintiff became of age in the year 1866. The defendant was her guardian for some four years before she arrived at her majority. It is claimed that the defendant failed to make a settlement of his guardianship, and failed to account for and pay to her the money which came into his hands; that there is a balance due her of between $100 and $200. The evidence shows that a settlement was made with the court, but the record thereof is somewhat informal. This suit was not commenced for more than 20 years after the plaintiff became of age. It is barred by the statute of limitations. The evidence does...