Williams v. John Durst's Administratrix

Citations

• 35 Tex. 421

Syllabus

<p>I. To secure final payment of a note due one day after date, a deed of trust on land and other property was made by the debtor, who covenanted in the deed that he would annually cultivate cotton on a certain quantity of the land, and would annually deliver to the creditor two-thirds of the crop, until the note and interest should be fully paid; and that, on default in delivery of the cotton each year, the trustee should sell enough of the trust property to equal the annual crop due the creditor. For several years these covenants of the deed were performed ; but about ten years after the maturity of the note, a suit to enforce the trust was brought by the creditor against the administratrix and the heirs of the debtor, who was then deceased. The defendants pleaded the statutes of limitation, and the court below ruled that if the note was barred, so also were the trusts created by the deed. Held, that this ruling was error. The deed of trust was of itself a contract independent of the note; and, therefore, though the note may have become barred by limitation, it does not follow that such trusts and covenants as these were also barred.</p> <p>3. This court will not undertake to readjust complicated matters of account, for the purpose of reforming instead of reversing a judgment.</p>