General Missionary Society of the German Baptist Churches of North America v. Real Estate Land Title & Trust Co.

Mr. Judge Hickman

delivered the opinion of the Commission of Appeals, Section A.

Defendant in error was plaintiff and plaintiff in error was defendant in the trial court. They will carry the same designations in this opinion. The suit was upon installments 3, 4 and 5 of a paving certificate issued by the City of Denton, and for a foreclosure of the assessment lien upon certain real estate belonging to defendant. Defendant pleaded limitation as a defense to installment 3. The trial court sustained the plea and denied plaintiff any recovery upon that installment. Upon appeal by plaintiff the…