Grayson v. Taylor
Texas Supreme Court
Error from Cass. Suit commenced by tlie defendants in error against the plaintiff in error, on the 23rd March, 1850, to recover the amount of a note executed at Shreveport, Louisiana, on the 1st day of July, 1845, by John K. Mabry, for $113 96, payable to the intestate, on the 1st February, 1846, at New Orleans, and indorsed by the intestate ; and also to foreclose a mortgage given by the intestate to the plaintiffs on the 19th day of June, 1846, on six hundred acres of…
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Error from Cass. Suit commenced by tlie defendants in error against the plaintiff in error, on the 23rd March, 1850, to recover the amount of a note executed at Shreveport, Louisiana, on the 1st day of July, 1845, by John K. Mabry, for $113 96, payable to the intestate, on the 1st February, 1846, at New Orleans, and indorsed by the intestate ; and also to foreclose a mortgage given by the intestate to the plaintiffs on the 19th day of June, 1846, on six hundred acres of land, situated in Cass county, whereon the intestate then resided.' Mabry was insolvent. The Court instructed the jury, that…
1Opinion of the CourtWheeler, J.
The questions, which it is material to consider, are, 1st. Whether the suit was barred by the Statute of Limitations. 2nd. Whether the defendant’s intestate was released from his liability upon the paper, by the laches of the *674plaintiffs. 3rd. Whether the Court ruled correctly in relation to the extent of the homestead exemption.
Upon the first question, there can be no difficulty. The mortgage, executed within four years next before the institution of the suit, contains an express acknowledgment of the justice of the debt; and there can be no question that it was sufficient to take the case…
2Cases cited1 opinion
- Leckie v. ScottSupreme Court of Louisiana · 1836
3Cited by4 opinions
- Gray v. PowellCourt of Appeals of Texas · 1926
- Robertson v. WarrenCourt of Appeals of Texas · 1907
- Stein v. HammanCourt of Appeals of Texas · 1927
- Hunt v. Wiley & PorterTexas Commission of Appeals · 1881