Republic National Bank of Dallas v. Rogers

HALL, Justice.

This is a trespass to try title action in which defendant’s plea of the three year statute of limitation was sustained, and summary judgment was rendered that plaintiff take nothing. The single question on this appeal is whether the limitation period relied upon by defendant was tolled by a suit filed by plaintiff against defendant in Federal Court, and dismissed by the Federal Court for want of jurisdiction, during the limitation period. We hold limitation was tolled, and reverse the judgment.

Summary judgment is proper if the proof establishes there is no genuine issue as to a…