McGar v. Nixon
Texas Supreme Court
Appeal from Walker. 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.
1Opinion of the CourtWalker, J.
This 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.
In 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…
2Cases cited2 opinions
- Fox v. WoodsTexas Supreme Court · 1871
- Bailey v. CollinsTexas Supreme Court · 1855