Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-07-23
ton is not made IN tbis case bv de

ton is not made in this case by de
murrer or plea, but is suggested in th'
answer Of Lincoln. Love does no
make the objection in any way, anC
Lincoln is not in situation to fnsis
upon it.
As we do not find that the alleged
interest of Mrs. Lincoln Is sustained
! by proof, we are not disposed to send
the case back for the purpose of hav-
1 ing Mrs. Lincoln made a party, par
ticularly as she appears to have aequi-
/ eSced in former decree of the Chan
Gerry Court against her.
Is the sale of Lincoln's equitable in
terest void because purchased upon
the illegal consideration Of Confede-
rate money, or because the currency,
or part of it, was counterfeit Confede-
rate money? And if the conveyance
was not absolutely void for either of
these reasons, was it so tainted with
illegality that court of equity will
refuse TO lend its aid to establish the
lost deed or TO decree the conveyance
Of the legal title TO the purchase of
the equitable title? It might be an
interesting question whether counter
felt Confederate money be more or less
illegal as a consideration for a con-
tract than the genuine, but l waive
the question. The mere fact that the
consideration of the purchase was
Confederate money will not deprive
complainant Of her right to the relief
sought by the bill. The contract was
executed, and upon prinoiRles settled
in this C9urt win not now be dis
tllrbed. Weheld, in the case of Mont
gomery VS.. Kerr, decided at Knoxville
last term, that where a deed had been
executed for the consideration of Con-
federate money, and had been lost be-
fore registration, the grantee was en4
titled to the aid Of 2 court of equity !
to estsblish the lost deed, upon the |
ground that the complainant was not
seeking to enforce an Illegal contract,
but 20 prove and protect title which, |
by the former decisions of this Court, |
must be held a valid one. 1t would /
be a mere illusion to say that the I
party IL sach d ease acquires a valid /
title, but that If is SO far destitute of |
the qualities of good title that II
could never be eRf8F66d IN the courts.
If the illegality Of the consideration |
paid by Sehoonover was not sufficient |
to prevent the passing Of the equitable
title of G, w. Lincoln to him, the
title thus acquired would have the
same qualities and h. III 1
- - equally as avail
aDe in his hands as in those of LIN
coin. -F' Tii~t a. oil
'Fn.the case of an ordinary convey
ance for the consideration of a pay
ment in valid and legal currency, the |
fact that a portion of the payment
turned out TO be in counterfeit money
would not prevent the title frQm vest I
ing, though the vendor would be en- |
titled to have the payment made good.
When the contract of sale Is executed /
and the consideration is Confederate,
we hold for the repOse of society, that |
the title passes; and if in such case
the vendor has not received all the
genuine Confederate money that he
for, he would probably be
without remedy.
The decree of the Chancellor must |
be reversed, and a decree entered set
ing up and establishing the lost deed |
10 Schoonover, and divesting the legal
title out of Love and veSting it in