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36 Tex. 289

McGar v. Nixon

Texas Supreme Court

Decided July 1, 1872

Texas Supreme Court · decided 1872-07-01

Tried below before the Hon. J. E. Burnett. This was an injunction suit, brought by Nixon and his wife, who sued both as legatees and as administrators de bonis non,, with the will annexed, of Thomas Carothers, deceased. The allowance of the claim was made by the original administrator, who had been removed by the probate court.

Decided 1872-07-01

Walker, J.

¶1This court has so often decided that contracts made in Confederate money will not be enforced in the courts of the State, that we need not now refer to authorities; and we have also decided in Fox v. Woods, 34 Texas, 220, that a judgment founded upon such a contract will be perpetually enjoined.

¶2In this case the jury found that the contract sued on was to be executed in Confederate money, and the testimony supported the verdict.. The contract being void in law, the allowance of the administrator and approval by the court were acts alike nugatory and void. Considering the allowance of the probate judge as a quasi judgment, it could nevertheless be reviewed and set aside.

¶3The plaintiffs in this action sued as legatees and administrators, and they were not bound to prove that the allowance and approval of the claim were by fraud or mistake.

¶4The allegation that these acts were invalid, with proof to support it, was all that could be required. (See Bailey v. Collins, 14 Texas, 151.) The judgment of the District Court is affirmed.

¶5Affirmed.

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