Ginsberg v. Leal

OPINION

WILSON, Justice.

Summary judgment holding indebtedness is barred by limitation is the subject matter of this appeal. In our opinion at least a fact issue exists as to whether a written acknowledgment sufficient to remove the indebtedness from the bar under Art. 5539, Vernon’s Ann.Tex.Civ.St, was made by the debtor, and we reverse.

We condense the material facts as follows :

Appellee Leal executed a demand note payable to appellant Beer for $55,000 dated June 4, 1965, secured by a deed of trust on realty in Bell County and Dallas County. On June 6, 1965 a new note for $39,500 was executed,…