Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-01-25

N.''s Ats AAt'tN Hf fts tlts % cht'- '''''''.
Jao. T. Cage
l. The power Of the Confederate States" 10
coin money, or issue treasury notes. VAL not pc
recognized by the courts Of tho country. But
fhe courts will take c0Enizance CfTnE FACr that
they DID issue such notes, and that. for time.
in thc roYolted States. they served the purposes
3. While the courts Of the country will not re-
caguizO these notes az money, the policy OF the
times demand that settled transactions and en-
acted contracts, although originally predIcated
rest.
This Is a motion to revive Judgment
rendered in the County Court Of Sumner,
In March, 1861, for 81, 578, in favor Of J.
4. Bugg, Clerk and Commissioners, against
the defendants.
The court refused the application, and
an appeal in error Is prosecuted 10 this
court.
The facts necessary to be noticed are as
follows: John Henly, the father Of the
plaintiffs in this motion, died in Sumner
county in 1912, after having first made and
published bis last viii and testament, in
which his wife was named as executriX,
and by which he devised and bequeathed,
with nominal exceptions ali his property,
real and personal 10 his VIE for life, with
remainder over at her death 70 certain
of his children therein named At the
death Of the widow, Elijah Boddie was sp-
pointed administrator cum testimento dRuerO
lie feund il impracticabe to divide the ne
proes a. directed and 6led petition
In the County Court 70 have them
sold and the proceeds distributed ac-
cording 20 the provisions Of the
will. Under hisprcceeding, which appears
10 have been in conformity to law, the ne
, groes we're sold by the clerk, and the de-
PENDANT in this motion, Jno. Franklin, be
came the purchaser Of Charles, one Of the
slaves, az the sum Of 81 ,5G5, for which he
executed his note, with John Fleage as his
security, to J. j.. Bugg, commissioner, ETC.,
due and payable twelve months after date.
The sale was on the 28th Of January, 1850,
and the note bears the same date. AT the
March term Of the court, 1861, a 6Tal de
cree wal. pronounced in the cause, in which
all the equities Of the parties were declared,
and a portion Of the notes executed for the
sale of the negroes directed 10 be delivered
30 the devisees, entitled thereto under the
will; and at the same term, and in the
same decree, Judgment BY motion, was
rendered against the defendants on their
note for 81 SIS in favor Of J. l.. Bugg,
commissioner, etc. BY the same decree, the
clerk is directed, a. commissioner, TO col
lect the money still due on the sale notes,
and distribute it 30 the parties entitled
thereto under the will,
In obedience 10 this decree, on the End OF
January, 1861, an execution issued on the
Judgment rendered against the defendants
ia this motion, which came 10 the hands Of
the sheriff OF the county, G.. Love, and
which, after great delay, was returned en-
dorsed. Satisfied in full--February lst,
1862"
The payment on the execution, as i ap
pears from the proof, was Confederate
treasury notes; and the same, a. the clerk
states, was shortly thereafter duly paid over
20 him, aad he thereupon made the follow
ing entry on isexecution docket:
Received Of George Love, sheriff, six
teen hundred and ffv-nine dollars an
eighteen cents, in full OF james Franklin's
note Feb let, 1862