Cox v. Clay Et Al‪.‬

Appellees have filed a motion for rehearing in which they contend that we erred in holding that appellants cause of action was not barred by the four-year statute of limitations, Art. 5529, R.C.S., because the deed executed by Mrs. M. J. Cox, appellants mother, on January 30, 1919, conveying her undivided one-half interest in the land to appellant was immediately filed in the office of the county clerk of Henderson County and recorded in the deed records. They contend that the record of the deed was open to appellant for inspection, disclosed the extent of the estate conveyed to him by his mother and charged him with constructive notice of its contents. They further contend that the record of the deed was sufficient to require appellant to make inquiry concerning its contents and that his failure to do so constituted negligence on his part and, therefore, his right to correction and reformation was barred four years after June 26, 1928, when he executed his deed conveying all of his interest in the land to Cager Cox.