Chevallier v. Durst

Texas Supreme Court

Chevallier v. Durst

6 Tex. 239

CourtTexas Supreme Court

DecidedJuly 1, 1851

StatusPublished

Cited by3 cases

This text of 6 Tex. 239 (Chevallier v. Durst) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Chevallier v. Durst, 6 Tex. 239 (Tex. 1851).

Pincite

Opinion

Hemphill, Ch. J.

We are of opinion that there is no error in the judgment. The statute had commenced to run antecedent to the death of the ancestor, and tlie rule is well established that where the statute begins to run it shall continue, notwithstanding either party may fall under any of its protections or disabilities. The death of neither party will impede its course. See the case of Tyson v. Britton decided at this term. (Hart. R., 135; 2 Bibb. R., 537.)

Judgment affirmed.

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Hemphill, Ch. J.

We are of opinion that there is no error in the judgment. The statute had commenced to run antecedent to the death of the ancestor, and tlie rule is well established that where the statute begins to run it shall continue, notwithstanding either party may fall under any of its protections or disabilities. The death of neither party will impede its course. See the case of Tyson v. Britton decided at this term. (Hart. R., 135; 2 Bibb. R., 537.)

Judgment affirmed.

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Bluebook (online)

6 Tex. 239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chevallier-v-durst-tex-1851.

Opinion

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