54 Ala. 360 | Ala. | 1875
The power of the executor, under the will, to make sale of the testator’s lands, is not questioned,
A sale was made by the executor, in execution of the power, which is not impeached because of any fraud or collusion between him and the purchaser, nor because of any unfairness attending it; nor is it pretended the sum for which it was made was not the full value of the lands sold. The only ground on which it is assailed, is, that Confederate treasury notes were received from the purchaser as the consideration money by the executor, when they were the circulating medium of the country. This certainly does not render the sale void or voidable. In Waring v. Lewis, 53 Ala. 615, we held, an executor or administrator had power to receive such notes in discharge of choses in action, assets in his hands to be administered, or of judgments recovered by him in his representative capacity. In the absence of fraudulent concert between him and the person paying, a payment made in • them was in legal effect a satisfaction of the demand equally with a payment in gold or silver. The payment to the executor of the purchase money in Confederate treasury notes was, as to the purchaser, a’ full satisfaction, entitling him to the conveyance of title which was made. "What may be the liability of the executor because he accepted such notes in payment, is a question not now arising. That depends on
The decree must be reversed and the cause remanded, with instructions to dismiss the bill as against the appellant, Mary A. Cocke, and the appellee will pay the costs of this appeal.