Dunn v. Reliance Life & Accident Insurance Co. of America

OPINION

SHARPE, Justice.

This appeal is from a summary judgment rendered for appellee, defendant below, that appellant, plaintiff below, take nothing.

The judgment is necessarily based upon a holding that appellant’s suit is barred by the Texas four-year statute of limitations (Art. 5529, Vernon’s Ann.Civ.St.). The correctness of that holding presents the controlling question.

Appellant’s petition was filed herein on August 20, 1964. He sought judgment requiring appellee to re-convey to him a real estate note dated July 31, 1956, executed by Louis Davis, et ux, in the original principal amount of…