Ewell v. Daggs
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF TEXAS.. On May 27th, 1856, James B. Ewell' and his wife, having the legal title in fee'to the premises, made and delivered to Daggs a promissory note of that date, payable three years after date to his order, for $3,556, and to secure the same executed and delivered to Daggs a deed of mortgage upon a tract of land in Guadulupe County, Texas, containing 1,653 acres, which mortgage was duly proved…
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF TEXAS.. On May 27th, 1856, James B. Ewell' and his wife, having the legal title in fee'to the premises, made and delivered to Daggs a promissory note of that date, payable three years after date to his order, for $3,556, and to secure the same executed and delivered to Daggs a deed of mortgage upon a tract of land in Guadulupe County, Texas, containing 1,653 acres, which mortgage was duly proved and recorded on Juné 5th, 1856. James B. Ewell acquired the legal title to this land on April 13th, 1851; but, in equity,…
1Opinion of the CourtJustice Matthews
delivered- the opinion of the court He recited the facts in the language in which they are set forth above, and continued:. Several defences were made in the court below, the overruling of which are assigned for error, and which we proceed now to state and consider in their order.
1. The first defence is the Statute of Limitations, as contained in article 4604, Paschal’s Digest, as follows:
“All actions of debt grounded upon any contract in writing shall be commenced, and sued within four years next after the cause of such action or suit, and not after.”
It is admitted that the cause of action…
2Cases cited20 opinions
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- Satterlee v. MatthewsonSupreme Court of the United States · 1829
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- Watson v. MercerSupreme Court of the United States · 1834
- Lloyd v. ScottSupreme Court of the United States · 1830
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