Scott v. Davidson

Citations

• 33 Tex. 807

Syllabus

<p>I. Ln 1859 S. purchased, land of R. on deferred payments, secured by notes and the vendor’s lien. In 1863, the notes having matured, and S. being unable to pay them, he arranged with W-. that the latter should discharge them in Confederate money, which R. was willing to accept, and that S. should give his notes to W. for the same amount, payable in long deferred instalments, and secured by mortgage on the land. W. accordingly paid R. in Confederate money, and received from S. the latter’s notes and mortgage in pursuance of the arrangement. It does net appear that W. ever agreed to receive Confederate money from S. in payment of the latter’s notes to him. Held, that the consideration of the notes of S. to W. was virtually the land, and not the Confederate money accepted by R. in payment of the specie debt due the latter from S.</p>