Ellington v. Bryant

(after stating the facts as above). In Deaton v. Rush, 113 Tex. 176, 252 S. W. 1025, it was held that a suit by the maker of a deed to cancel it was not a suit to recover the land the deed conveyed, and therefore that the statute of limitations applicable to such a suit was the one (article 5690, Vernon’s Statutes) declaring that “every action other than for the recovery of real estate, for which no limitation is otherwise prescribed, shall be brought within four years next after the right to bring the same shall have accrued and not afterward.”

In the same case it was held that, if the cause…