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· 7/1/1873

Piegzar v. Twohig

Citations

  • 37 Tex. 225

Syllabus

<p>1. Partial payments voluntarily received in Confederate money will not be disturbed by this court.</p> <p>2. A purchaser of land by executory contract sued his vendors for specific performance, alleging partial payments of purchase-money, and tendering the balance due. The defendants answered that some of the partial payments were made in Confederate money, and were therefore illegal and void, and alleged that such money was worth but thirty-three cents per dollar when paid, and on this basis they claimed to be due them a much larger balance than the amount tendered by plaintiff; and they prayed for general relief against the plaintiff. Held, that the prayer for general relief did not warrant the court below to decree a foreclosure against the plaintiff of the defendants’ vendors’ lien.</p> <p>3. A district judge has no legal authority to sign a statement of facts after the close of the term at which the cause was tried.</p>

Judges: Walker

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