The democrat. [volume] (Weston, W. Va.) 1868-1874, 1869-04-05
coNFEDEaATE CONTRACTS.

~ NhS '"'' w 'Ho ytat ipoo, S"HiHcl
Smith Stout, u Confederate soldier, sold
aud conveyed to Il r, Marshall, also
Confederate soldier, tract Of land then
lying in the State of West Virginia
The deed specified a consideration of
$1,000, and VII. acknowledged before
Nicholas X. Trout, Mayor of Stauntpn,
and as such. cx-oficio a Justice of the
Peace. Marshall sold and conveyed the
land to A. B. Fleming, who brought an
action of cjcctmcnt against William En-
win, tenant in possession Of the land for
its recovery. s,f f ~
AT the last tenn Of the Circuit Court Of
Gilnler county, the cause came on for
trial. Judge Robert S. Brown presiding,
The title was perfect in every respect,
except in 30 far as the deed from Stou, to
Marshall might be held invalid. The
suficieucy of the deed to pass title was
the only question which was resisted by
the defendant. When the plaintiffs offered
the decd in evidence, the defendant oh.
jevted TO its being read to the jury, on
the ground that the said Trout was an
officer in the insurrcctionnry government,
established at Richmond during ,Fe'war,
Of which without proof, the; Court would
take judicial notice, The Court sustained
the motion for tue reasons urged without
proof, and thcrcupon rejected the deed.
To this ruling Of the Court the plaintiff
excepted.
The plaintiff then proved tile execution
Of the deed BY witnesses. and again o.
fcred it in evidence, but the Court refused
to lie, the deed be read. and allowed the
defendant to offer evidence to show the
consideration for the conveyance. The
plaintiff again excepted to the opinion Of
tbs, Court as well for refusing to let the
deed goin evidence upon the Iroof Of its
execution as for allowing evidence re.
spccting the consideration. f
The proof Of consideration disclosed the
fact, that all transactions in the South du.
ring the war were dcnomiuu'ed "Cmted-
crate contracts That in this particular
case, the said Marshall had paid the pur-
chaser money named in the deed, partly
in bank notes Of banks Of Georgia, North
Carolina and Virginia, and partly, and
the greater portion Of Which, was in Con-
federa,e States Treasury notes. az
After the said deed h,a been 30 ruled
out by the Court, for the reasons stated.
the plaintiff then offered Ito prove that,
in pursuance Of said deed, and by virtue
ofsthc title passed BY it. and no, other.
wise, the said grahtec under whom the
plaintiff claimed, entered into possession
Of said land, aud leased the same to the
defendant, who paid rent, and afterwards
refused to surrender the possession,of the
premises, aud denied bis landlords title:
but the Cour. held, that inasmuch as
the deed was void, By reason ofits having
been executed within an insurrectiouary
district during the war, by parties euga.
ged in rebellion, that all supposed rights
growing out Of It must be held to be also
void. and thereupon refused to permit
the plaintiff TO offer the evidence propo
sed. To this last ruling Of the Court the
plaintiff excepted.
The deed and evidence having. been SO
rejected, the plaintiff submitted to YER
diet for the defendant. aV
The Court met tho issues sqnarely, and
signed bills Of exceptions, which will be
presented to the Supreme Court Of Ap.
{ peals, to which, the case is to be carried
by supersedeas, to determine the law
under such circumstances, and the
true issue is, whether those econ.
fcoeraie contracts arc binding or not.
, Since writing the above, friend has
handed US the decision Of the Supreme
Court Of the Unite States on this same
subject. which, It would appear, establishes
doctrine in opposition to the ruling Of
Judge Brown:
UNITED STATES SUPREME COURT.
CONTRACTS TO PAY CONFEDERATE NOTES
VALIDITY or 4 pRoMissoRY NOTE MADE
AT THE SOUTH WHILE UNDER CoNFEDER.
ATE ACKNOWLEDGEMENTS AND SALE
BINDING.
"Jack Thorington vs.. Smith and Hart
Try. In November. 1864, the appellant
seld to the defendants tract Of lind ad.
joining the town Of Montgomery, Ala.
bama, for $4,000, taking in payment
therefor 1856 400 ID Confederate Treasu.
IL tIotes. md the pote OF the defendants