Briggs v. Rodriguez

I find that I am unable to' concur in the majority opinion and therefore respectfully enter my dissent thereto. Appellees’ petition states two causes of action, one seeking to set aside a royalty deed covering thirty acres of land, and the other in the nature of assumpsit for the recovery of an over-payment of purchase price for land in the sum of $300.

The cause of action to set aside the royalty deed is a suit to cancel a written instrument 'and is governed by the four-year statute'of limitations. Art. 5527, Vernon’s Ann. Civ. Stats. The suit was filed within the four-year period and was…