Cason v. Chambers
Texas Supreme Court
Appeal from Morris. Tried below before the Hon. B. T. Estes. On the 1st day of February, A. D. 1876, J. A. Donaldson made" and delivered to G. C. Chambers a promissory note for the sum of $141.32, payable to the order of G. C. Chambers one day after the date thereof, and to secure the payment of this note Donaldson, on the 1st day of March, A. D. 1876, executed to Chambers a trust deed upon certain personal property, including the mule in controversy in this suit.
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Appeal from Morris. Tried below before the Hon. B. T. Estes. On the 1st day of February, A. D. 1876, J. A. Donaldson made" and delivered to G. C. Chambers a promissory note for the sum of $141.32, payable to the order of G. C. Chambers one day after the date thereof, and to secure the payment of this note Donaldson, on the 1st day of March, A. D. 1876, executed to Chambers a trust deed upon certain personal property, including the mule in controversy in this suit. The note became barred by the statute of limitations on the 3d day of February, A. D. 1880. Donaldson being indebted to W. M. & J.…
1Opinion of the Court
Stayton, Associate Justice.
The evidence shows beyond controversy that the note executed by Donaldson to the appellee Chambers, to secure which the deed of trust sought to be foreclosed in this cause was given, was barred by the statute of limitations prior to the time that the appellants bought from Donaldson the mule which was included in the trust deed.
While it is true that the subsequent renewal of the debt by the new note given by Donaldson to Chambers, as between them would operate a renewal of the mortgage given to secure it originally, yet such renewal could not affect the right of the…
2Cases cited5 opinions
- Wood v. GoodfellowCalifornia Supreme Court · 1872
- Blackwell v. BarnettTexas Supreme Court · 1879
- Hodges v. TaylorTexas Supreme Court · 1882
- Heirs of Ross v. MitchellTexas Supreme Court · 1866
- Riggs v. HanrickTexas Supreme Court · 1883
3Cited by16 opinions
- Holford v. PattersonTexas Supreme Court · 1923
- Darrow v. SummerhillTexas Supreme Court · 1899
- Flewellen v. CochranCourt of Appeals of Texas · 1898
- Kiel v. StaberCourt of Appeals of Texas · 1938
- McKeen v. JamesTexas Supreme Court · 1894
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