The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 88 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 edition. Excerpt: ...pleaded the statute of limitation. The plaintifff replied, that at the time the cause of action accrued defendant was beyond the sea; the defendant rejoined, that within six years after making the supposed promises sued upon, and ever since, the plaintiff had had an agent in the commonwealth authorized to demand and receive his supposed debt; to this rejoinder the plaintiff demurred. The court said: "As to the period in the rejoinder that the plaintiff had an agent in the commonwealth during his absence, this might be a reasonable exception to the saving, if the Legislature had seen fit to introduce it. But such a case not having been provided for, it is not for the court to legislate on the subject." The case of Willson v. Keller, 8 Arkansas, 509, was identical with the case of W illson v. Appleton, supra, and the Supreme Court of Arkansas held to the same doctrine enunciated by the Supreme Court of Massachusetts. GAINES, CHIEF J UsTICE.--The Court of Civil Appeals for the Second Supreme Judicial District have certified to us for our determination the following question: "G. F. and S. Y. Collins are among the defendants in this action of trespass to try title. They plead the statute of limitations for four years. They claim the land, on account of which the plea is entered, under a deed duly recorded for more than five years prior to the institution of the suit, paying taxes as prescribed by the statute. The land has been in actual possession under this deed and claim for the requisite time. The possession has, however, been held for them, in their name, and for their use and enjoyment, by an agent. During the time necessary to complete the bar, the defendants named have been absent from the State, and residents of...