Fox v. Woods
Texas Supreme Court
Appeal from Montgomery. 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. B. Woods.”
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Appeal from Montgomery. 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. B. Woods.” In the county court, as organized under the Constitution of 1866, Fox ’brought suit upon this instrument, in April, 1867, alleging that four bales of the cotton, worth…
1Opinion of the CourtOgden, J.
The 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.…
2Cases cited4 opinions
- Thompson v. HoustonTexas Supreme Court · 1869
- Prigeon v. SmithTexas Supreme Court · 1868
- Goodman v. McGeheeTexas Supreme Court · 1868
- Reavis v. BlackshearTexas Supreme Court · 1868
3Cited by3 opinions
- Thompson v. BohannonTexas Supreme Court · 1873
- Wofford v. BookerCourt of Appeals of Texas · 1895
- McGar v. NixonTexas Supreme Court · 1872