Richard Jackson v. David Speer

DeMOSS, Circuit Judge:

BACKGROUND

Jackson sued Speer on May 1, 1991 alleging, among other things, that Speer fraudulently induced him into investing in a piece of property in Montana. Speer filed a mo tion for summary judgment alleging Jackson's actions were barred by the applicable four year statute of limitations. In response, Jackson asserted that section 16.-063 of the Texas Civil Practice and Remedies Code, (the “Tolling Statute”) applies to this case and suspended the running of the statute of limitations while Speer was absent from Texas. The testimony presented at the hearing on motion…