Ayres v. Henderson
Texas Supreme Court
Error from Walker. This was an action on a note made by English, the deceased intestate, on the 0th October, 1844, and it became payable on the 1st of November, 1845. Tho petition alleged thatafter the execution of the note tho maker went to tine Slate of Louisiana', where ho resided until he died. Administration was taken out in September, 1SD0, and the note being- presented, duly authenticated, was disallowed.
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Error from Walker. This was an action on a note made by English, the deceased intestate, on the 0th October, 1844, and it became payable on the 1st of November, 1845. Tho petition alleged thatafter the execution of the note tho maker went to tine Slate of Louisiana', where ho resided until he died. Administration was taken out in September, 1SD0, and the note being- presented, duly authenticated, was disallowed. The defendant pleaded the limitation of four years as a bar to the action. It was proven that English left Texas early in tho year 1845, and resided afterwards in Louisiana; and it…
1Opinion of the Court
Hemphill, Cii. J.
In relation to the refusal of the first charge, we are of opinion that there is no error in the ruling of the court.
There is some plausibility in the assumption that the 22d section of the act was intended to apply only to persons who left tho Republic with the intention of returning, and not to those who removed with no such intention, and who, in fact, never did return. But the object of the section was for tho pro*271tection of domestic creditors. It was to their advantage that their debtors shoul d remain within tire limits of the State. And it was intended to protect them…
2Cited by24 opinions
- L. F. Wilson & Co. v. DaggettTexas Supreme Court · 1895
- Stone v. PhillipsTexas Supreme Court · 1944
- Richard Jackson v. David SpeerCourt of Appeals for the Fifth Circuit · 1992
- Wyatt v. LowranceCourt of Appeals of Texas · 1995
- Harris v. Columbia Broadcasting System, Inc.Court of Appeals of Texas · 1966
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