Henderson v. Ayres
Texas Supreme Court
Error from Walker. Tried below before the Hon. P. W. Gray. This was a suit brought by J. P. Henderson, and Samuel M. Coley, the appellants, against David Ayres, administrator of the estate of William K. English, deceased, Isaac Stewart and Willis Stewart, the appellees, on the 7th of June, 1854, for the purpose of cancelling the approval and allowance by the defendant Ayres, of the claims of the said Isaac and Willis Stewart against the estate of the said William IC.
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Error from Walker. Tried below before the Hon. P. W. Gray. This was a suit brought by J. P. Henderson, and Samuel M. Coley, the appellants, against David Ayres, administrator of the estate of William K. English, deceased, Isaac Stewart and Willis Stewart, the appellees, on the 7th of June, 1854, for the purpose of cancelling the approval and allowance by the defendant Ayres, of the claims of the said Isaac and Willis Stewart against the estate of the said William IC. English, deceased, and to enjoin the sale of certain lands belonging to the said estate, to satisfy the said claims. The…
1Opinion of the CourtWheeler, C. J.
The claim of Isaac Stewart, was founded on the covenants in the deed of trust, or mortgage, of the 3d of July, 1841. These related to acts thereafter to be performed, before any right of action would accrue upon them. No time for performance was specified, and there is nothing in the evidence, to show within what time they ought reasonably to have been performed, and when, therefore, the right of action did accrue to the claimant. It is alleged, that English left the country in 1844, and that he never returned. If a right of action had then accrued, .it was suspended by the absence of English…
2Cases cited1 opinion
- Ayres v. HendersonTexas Supreme Court · 1853
3Cited by3 opinions
- Gresham v. StateCourt of Criminal Appeals of Texas · 1902
- Armstrong v. AndersonCourt of Appeals of Texas · 1936
- Armstrong v. AndersonCourt of Appeals of Texas · 1936