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38 Tex. 303

Willis v. Johnson

Texas Supreme Court

Decided July 1, 1873

Texas Supreme Court · decided 1873-07-01

Tried below before the Hon. James Masterson. The appellees brought suit on a promissory note executed by John R. Cook to Bede Johnson, for $4300, alleging ownership, and that the note was in part consideration for certain lands, described in the petition; that the lands were by Cook sold to appellants,'and that they had notice of the lien upon the land. The defendant pleaded general denial, and tona fide purchase, without notice.

Decided 1873-07-01

Walker, J.

¶1This suit was brought against one Cook for a balance of the purchase money, and to enforce a vendor’s lien on the land in cotroversy.

¶2*312The appellants claimed to be innocent purchasers for a valuable consideration without notice. The jury found that they were purchasers without notice, but that the whole of the consideration paid was Confederate money. On this verdict the court entered judgment and decree for the appellees.

¶3We have never held that Confederate money was a good or valid consideration to support a contract. We have refused to disturb executed contracts, or to enforce executory contracts; but here the appellants, in order to make out their title to the land, must show that they paid a good consideration. This they have not done. The judgment of the District Court is correct, and is affirmed.

¶4Affirmed.

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