Davis v. Andrews

In Davis v. Andrews, 88 Tex. 524, 30 S.W. 432 (Tex. 1895), after the trustee advertised the property for sale under the deed of trust, the borrower obtained an injunction against such a sale. 88 Tex. at 526. More than four years later, the lender's executors sought a judgment on the notes and foreclosure of the lien secured by the deed of trust. Id. The borrower pleaded the four year statute of limitations, but the trial court rendered judgment in favor of the executors. Id. The court of civil appeals affirmed the judgment, but the Texas Supreme Court set it aside. Id. at 527, 532. In its analysis, the supreme court acknowledged that in certain circumstances, equitable principles permitted the tolling of limitations during the time the prosecution of, or bringing suit on, a claim was enjoined. See id. at 527. But the court held that because the injunction had not prevented the executors from suing on the notes, equitable principles did not apply and there were no grounds to suspend the operation of the statute of limitations with regard to the lawsuit. Id. at 529. Thus, the injunction against the sale of property under the deed of trust did not toll the limitations period for suit on the notes and judicial foreclosure on the property. See id.