by John Marshall Harlan

“ The contention of defendant is that the cause of action, if any, existed as far back as the close of the late civil war; that in Virginia and Texas the running of limitation was suspended by statute, in the former from some time in April, 1861, until January 1, 1869, and in the latter from some time in 1861 until March 30, 1870; that by the laws of Texas two years was the limitation to suits on oral, and four years to suits on written, contracts, while the limitation in Virginia to such suits as the present one was five years ”

“ We are not satisfied that the cause of action, as set out in the bill, was, at the commencement of the suit, barred by limitation, as prescribed in either Texas or Virginia. The case, as now presented, discloses, not, perhaps, one of those technical trusts of which a court of equity has peculiar and exclusive jurisdiction, but yet, a trust, arising out of express agreement, under which the defendant George C. Rives received from complainants certain funds, which he undertook to invest in particular kinds of property, in conformity with specific instructions given by those whom he represented. ”

“ It is true that the attachment (sued out by complainants before the removal of the suit) against George C. Rives was served upon the executors, and was levied upon his interest in the estate of his father. But they were made defendants, not because of any connection they had with the main controversy, but to the end that George C. Rives' interest in his father's estate might be reached and held, subject to such final decree as complainants might obtain against him. Though made, formally, defendants, the executors of George Rives occupied, substantially, the position of mere garnishees. ”