Ellis v. McGee

63 Miss. 168

Opinion

Campbell, J.,

delivered the opinion of the court.

The. equity of this bill is transparent and abundant. Garner v. Lyles, 35 Miss. 176.

The statute of limitations is not a defence, because of the infancy of the ward to whom the money is due by the decree. Bacon v. Gray, 23 Miss. 140; Fearn v. Shirley, 31 Miss. 301; Pearson v. McMillan, 37 Miss. 588 ; Pittman v. McClellan, 55 Miss. 299 ; Eckford v. Evans, 56 Miss. 18.

The bar has not become complete by § 2694 of the Code of 1880, and therefore the case is governed by the Code of 1871, under which the cases cited govern.

Affirmed.