254 S.W. 509 | Tex. App. | 1923
2. As the Nortons had conveyed the property to Blair in 1908 — which they had a right to do — their deed to Cooksey in 1920 conveyed him no title. There was no issue of title in his favor to submit to the jury.
3. Appellant's notes against F. W. Norton were barred by limitation at the time the renewal notes and deed of trust were executed on the 24th day of April, 1914. While as between him and appellant Norton could renew the notes and deed of trust lien, he could not renew it against property covered by the barred deed of trust, which he had sold. Article 5695, Texas Complete Statutes; Cason v. Chambers,
The following authorities, recognizing the soundness of the proposition we have just discussed, hold that a note and lien can be renewed against property which the mortgagor has sold, provided the original indebtedness is not barred: Eastham v. Patty,
Affirmed.