Carroll

Appeal from the judgment, taken within sixty days from its rendition. The evidence is brought up for review by bill of exceptions.

Plaintiff presented his claim to the executors of the estate of R. T. Carroll, deceased, which claim was in form as follows:

The claim was rejected and in due time thereafter the plaintiff commenced this action. By his complaint he set up that the moneys were received and held by deceased “ in trust for the use and benefit of plaintiff.” The nature and terms of the trust are not, however, disclosed. The defendants by demurrer and by answer pleaded the statute of limitations.

When the evidence had been received the court instructed the jury to render a verdict for defendants, which it did, and judgment was entered accordingly.

In so doing the court said: “Of course, if the property was received in trust, then the statute never runs as long as the trust exists and the relation continues; and it would not run until some repudiation of the trust *82 made by the trustee was brought home to the knowledge of the trustor.

“ Treated as a simple money demand it would clearly be barred on its face, inasmuch as the party did hot commence a suit while Carroll…