Killebrew v. Stockdale

51 Tex. 529
Texas Supreme Court·Decided July 1, 1879·Published·Cited by 27 cases

Opinion

Gould, Associate Justice.

Although the petition may have been bad on general demurrer for want of sufficient averments of ownership of the instruments sued on, it was a sufficient commencement of suit on those instruments to stop the running of the statute of limitations. The subsequent amendment of the petition correcting or supplying its defects as a petition on the same notes and mortgages, was not the commencement of a new suit. The judgment is affirmed.

Aeeirmed.

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Killebrew v. Stockdale, 51 Tex. 529 (Tex. 1879).

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