Caterpillar Tractor Co. v. Churchill

(after stating the case as above).

Unless the. notes on which the claim presented by appellant to appellee as administra-trix was based had been effectively renewed when so presented, they were'barred by the statute of limitations of four years, and the administratrix acted within her rights and in the discharge of her duty when she rejected the claim. Article 5527, R. S. 1925; Howard v. Johnson, 69 Tex. 655, 7 S. W. 522; Jackson v. Stone (Tex. Civ. App.) 155 S. W. 960.

It appeared in the evidence (1) that on January 19, 1927, E. E. Churchill wrote the holder of the notes a letter in which he…