Kyle v. House
Texas Supreme Court
Appeal from Port Bend. Tried below before the Hon. L. Lindsey. This suit was brought at the Spring Term, 1869, of the District Court of Fort Bend county, by T. W. House against R. Gr. Kyle and A. Sessums, executors of W. J. Kyle, upon two open accounts and a note; the accounts being for goods sold to Kyle to enable him to carry on his farm in Port Bend county.
Read the full summary
Appeal from Port Bend. Tried below before the Hon. L. Lindsey. This suit was brought at the Spring Term, 1869, of the District Court of Fort Bend county, by T. W. House against R. Gr. Kyle and A. Sessums, executors of W. J. Kyle, upon two open accounts and a note; the accounts being for goods sold to Kyle to enable him to carry on his farm in Port Bend county. The claims were presented to A. Sessums, within tire time prescribed by law, duly proven, who took them, promising to allow and pay them, but, after keeping them until he believed them barred by limitation, returned them to House…
1Opinion of the CourtWalker, J.
This case stands on motion for a rehearing. The motion is granted, and the cause will now be reconsidered. Neither party being satisfied with the judgment of the court below we reversed the case, and believing that the action was barred by limitation we dismissed the cause, but the statement of facts now called to our attention induces us to change our former ruling.
The evidence shows that during most of the time the statute would otherwise have run the appellee had the *156claim in his possession, promising to allow and pay it, and that he so kept.it until he believed that it was barred by…
2Cited by5 opinions
- Sinclair v. StanleyTexas Supreme Court · 1885
- Russell v. DobbsTexas Supreme Court · 1962
- Butler v. FechnerCourt of Appeals of Texas · 1918
- Dobbs v. RussellCourt of Appeals of Texas · 1961
- Schultze v. SchultzeCourt of Appeals of Texas · 1948