Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Austin term, 1884, and the Tyler term, 1884. Volume 62. Page: 306
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306 CASON v. CHAMBERS. [Tyler Term,
Statement of the case.
mortgage, but prior to the renewal, and while the original debt was barred
by the statute of limitations.
2. SAME - CASES CITED AND APPROVED.- Hodges v. Taylor, 57 Tex., 196; Riggs
v. Hanrick, 59 Tex., 570; Ross v. Mitchell, 28 Tex., 154; Blackwell v. Barnett,
52 Tex., 326; Wood v. Goodfellow, 43 Cal., 185; Barber v. Babel, 30
Gal, 14, cited.
APPEAL from Mofris. 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. Chafibers 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. J. Cason, sold and delivered the mule to them as a
payment on their debt, and they credited Donaldson's account with
the amount they were to allow him for the mule. On the 22d day
of April, 1882, Donaldson renewed his note to Chambers for $75
as the balance due on his barred note, and on the 28th day of the
same month Chambers instituted suit in the justice court upon his
renewed note and mortgage against Donaldson, making appellants
defendants, and prayed for foreclosure of his mortgage upon the
mule in their possession. The mortgage was duly recorded under
the laws in force at the time of its execution. A trial was had in
the justice coUrt, and judgment rendered in factor of Chambers
against Donaldson and also foreclosing his lien upon the mule in the
possession of W. M. & J. J. Cason, from which they appealed to the
county court, and the jurisdiction of the county court being diminished,
the cause was transferred to the district court. Appellants
answered by general demurrer, general denial, and specially pleaded
the statute of limitations in bar of Chambers' pretended lien. The
court rendered judgment foreclosing the lien upon the mule, and
found its value to be $45, and rendered judgment against appellants
for that amount absolutely (on the ground that appellants had
parted with the title and possession of the mule since the institution
,of this suit).
J. A. Peacock, for appellants.
.J^ .M. oore, for appellee
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Austin term, 1884, and the Tyler term, 1884. Volume 62., book, 1885; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth28512/m1/328/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .