Texas Supreme Court, 1879

Killebrew v. Stockdale

Killebrew v. Stockdale
Texas Supreme Court · Decided July 1, 1879 · Gould
51 Tex. 529

Killebrew v. Stockdale

Opinion of the Court

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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