Eckert v. Wendel

FLY, Chief Justice.

This is a suit to set aside certain deeds of conveyance made by Lorenz Wendel to his son Henry Wendel, on the ground of fraud, instituted by Eckert, appellant, against the two parties named as making and receiving the conveyances. The court held that the cause of action was barred by the five-year statute of limitation (Rev. St. 1925, art. 5509), and rendered judgment that appellant do not recover and pay all costs of suit.

There is an agreed statement of the facts, which is adopted as a matter of course by this court, and which is copied as follows:

“1st. Plaintiff filed…