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34 Tex. 220

Fox v. Woods

Texas Supreme Court

Decided July 1, 1871

Texas Supreme Court · decided 1871-07-01

Tried below before the Hon. ¿Fames Masterson. This litigation arose upon the following instrument: ' “ Oct. 9th, 1863. I this day sold to Samuel Fox ten bales of Oreen M. Woods’ cotton, to be baled by Green M. Woods, at 35 cents per pound. I also received 1000 dollars in Confederate money on the said cotton, the balance to be paid by Fox when the cotton is ginned and weighed. (Signed) “ Wm.

Decided 1871-07-01

Ogden, J.

¶1The appellant obtained judgment in the county court against the appellee on a receipt given for $1000 in Confederate money. Appellee sued out an injunction from the district *224court to restrain the collection of the judgment, and on-a final hearing the injunction was perpetuated, and by an order of the court appellant was forever restrained from collecting the judgment, or any part thereof. The judgment enjoined was rendered upon a receipt for Confederate money. The consideration ' was therefore illegal and against public policy; and the judgment rendered on the same wholly and totally void. (Pridgen v. Smith, 31 Texas, 171; Goodman v. McGee, 31 Texas, 252; Thompson v. Houston, 31 Texas, 610; Reavis, et al., v. Blackshear, 30 Texas, 753.) The judgment of the court perpetuating the injunction was according to law and is affirmed.

¶2Affirmed.

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