Bedell v. Calder

Decided November 15, 1885

Supreme Court of Louisiana · decided 1885-11-15

The prescription of four years is a bar to a minor’s action against bis tutor respecting the acts of the tutorship. If a provisional account has been rendered by the tutor during the minority and has been homologated, and the minor does not within four years after majority take legal action to finally settle his rights and enforce them, prescription will apply. If the real property of the tutor has meanwhile passed into the hands of purchasers under forced alienations, they may plead prescription even though the tutor lias renounced it..

Cited by 2 later decisions — most recently April 1943

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1885-11-15

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¶1Dissenting Opinion.

Manning, J.

¶2The plaintiff was of age in May 1873. Her action against her tutrix was filed June 14,1880, service having been accepted on 12th of the previous month. The present suit was filed September 19, 1882.

¶3I think the action of the minor against her tutrix is barred by the prescription of four years, and her capacity to sue therefore terminated in May 1877.

¶4 *808The voluntary rendition of the account by the tutrix has no effect upon this prescription quoad other parties. To hold otherwise will' facilitate collusion between parent and child, after majority is attained, and subject purchasers in good faith to disastrous reclamations. If" any one must suffer for a mother’s waste of her child’s money, it should be the child.

¶5I think the judgment should bo affirmed.