Texas Supreme Court November 11, 1890, No. 2878 (Phillips v. Herndon)

ACKER, Presiding Judge.

—On the 15th day of September, 1875, W. S. Herndon sold to James Moseley five acres of land for the consideration of $100 in gold, for which Moseley executed his promissory note bearing interest from that date at 10 per cent per annum and payable on the 1st day of January, 1876, and also paid to Herndon $30 in currency, for which Herndon executed his receipt, to be