Turner v. Smith
Texas Supreme Court
Error from Brazoria. Suit instituted by plaintiff in error 6th September, 1844, against Morgan L. Smith and John Adriance, for the recovery of a slave, named Jim, and his hire, &c.
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Error from Brazoria. Suit instituted by plaintiff in error 6th September, 1844, against Morgan L. Smith and John Adriance, for the recovery of a slave, named Jim, and his hire, &c. Defendants pleaded a general demurrer, general denial, statute of limitations, and title in themselves by purchase at Sheriff sale as the property of John D. Moore, who had purchased from Edwin Waller, they, the said Waller, Moore and defendants, having held and possessed said slave continuously as their own since the 20th July, 1842; and also, (by amendment,) by purchase at a sale made by Leonard Groce, after suit…
1Opinion of the CourtWheeleb, J.
It is insisted on behalf of the appellant, that the statute of limitations did not apply as between the plain*628tiff and Waller, the cestui que trust, under whom the defendants claimed, by reason of the relation between them created by the deed of trust; and, consequently, that the plea of the statute cannot avail the defendants.
It, doubtless, is the well settled rule that direct technical trusts, as between trustee and cestui que trust, are not affected by the statute of limitations, so long as the trust subsists. For, “ if the trustee is in possession and does not execute his trust, “ the…
2Cited by15 opinions
- Burnett v. AtteberryTexas Supreme Court · 1912
- Philippi v. PhilippeSupreme Court of the United States · 1885
- Buford v. WassonCourt of Appeals of Texas · 1908
- Becker v. Gulf City Street Railway & Real Estate Co.Texas Supreme Court · 1891
- Richardson v. Houston Oil Co. of TexasCourt of Appeals of Texas · 1915
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