Teal v. Ayres
Texas Supreme Court
Appeal from Walker. This was an action for the recovery of the balance due on a note and for the foreclosure of a mortgage made to secure its payment.
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Appeal from Walker. This was an action for the recovery of the balance due on a note and for the foreclosure of a mortgage made to secure its payment. The note became due in-December, 1840. The mortgage was executed on the 23d June, 1841, subject to forfeiture if the balance then due on the note were not paid on or before the first of January, 1S42. The petition was filed on the Sth October, 1851, and it alleged that English was a resident of Texas at the dates respectively of the note and mortgage, and that he subsequently, about the last of the year 1844, abandoned the country and never…
1Opinion of the Court
Hemphiul, Cu. J.
The last assignment presents the most important question raised by the pleadings and facts in the cause. For if the statute recommenced running after the death of English, the action was, beyond question, barred. If not, the bar would not be complete, as the acknowledgment by the mortgage of the justice of the claim would save the debt from the operation of the statute prior to January, 1842. Had English remained in the State, and had the bar not been complete before his death, the limitation-(as tlie law then existed), would, notwithstanding his death, have continued to. run,…
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