Lobdell's Administrator v. Fowler

Citations

• 33 Tex. 346

Syllabus

<p>1. Depositions of the sons of the original defendant were taken on his behalf in a suit on his note. Afterward, but before trial of the cause, the original defendant died, and the sons, being heirs and distributees of his estate, thereby acquired in the result of the suit an interest which sub- ^ sisted at the time of the trial of the cause, to which their father’s administrator had become the party defendant. Held, that it was error to exclude the depositions on the ground of the interest of the witnesses at the time of the trial, they having been competent when their depositions were taken.</p> <p>2. This court has repeatedly ruled, and now reiterates, that executory contracts, based on so-called Confederate money, will not he enforced; and that evidence* aliunde Í3 admissible to prove that such is the character of a written inslrument, though not expressed upon its face.</p>