Sholars v. Hardee

Lüdeling, G. J.

This is a petitory action to recover a tract of land with the improvements thereon. The defense is that the consideration of the sale was Confederate money, and that the contract of sale was incomplete for want of delivery of the property sold.

The evidence shows that a sale of the property in dispute was made to the plaintiff for $5500 in 1863; that $3000 of the-price was jiaid in Confederate notes, and the remainder of the price, evidenced by two notes, was paid in United States currency.

It would seein to be immaterial whether delivery of the property was over made to the…