Sutton v. Sutton
Sutton v. Sutton
Opinion of the Court
We have in all cases held that one who purchases land for Confederate money cannot be regarded as a bona fide purchaser for a valuable consideration.
If it cannot be ascertained what portion of the note originally sued on was given in payment for the land, the vendor’s lien cannot be enforced. (Wasson v. Davis, 34 Texas, 168; Swain v. Cato, 34 Texas, 398.)
But Charles F.-Sutton claims that John Sutton held the legal title to the whole of the lands in controversy, by ■ consent of the parties, whilst he was in equity entitled to one-half of" the land, having paid his own money for it.
If this be true, his equitable interest in the "land will entitle him to partition;
The judgment of the District Court is reversed and the cause remanded.
. Reversed and remanded.
Reference
- Full Case Name
- Charles. F. Sutton v. Mary C. Sutton
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- 1. A payment in Confederate money is not a valuable consideration, and a purchaser of land paying therefor in Confederate States money cannot be a bona fide purchaser for a valuable consideration. 2. A note given partly for land and partly for personal property cannot be a lien upon the land unless it can be shown what part of the note was given for the land. 3. Land held by one for use of himself and a joint owner, and sold by him. or his legal representative for Confederate States money, is subject to partition on application of the other joint tenant.