Bissell v. Heyward
96 U.S. 580 (1877)

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U.S. Supreme Court

Bissell v. Heyward, 96 U.S. 580 (1877)

Bissell v. Heyward

96 U.S. 580

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE DISTRICT OF SOUTH CAROLINA

1. A. made his will, appointing C. his executor and devising his real property in South Carolina to B. for life, and after the determination of that estate, to C., in trust to support certain contingent remainders in fee. A. afterwards entered into a contract to sell the property to D., who entered into possession, and paid a part of the purchase money. A. died without receiving the balance or making a conveyance, and C. duly qualified as his executor. Held that a bill by B. against C. and D. to compel the specific performance of the contract would lie.

2. A tender of payment must, to stop interest or costs, be kept good. It ceases to have that effect when the money is used by the debtor for any other purpose.

Page 96 U. S. 581

3. A decree or a judgment, when rendered upon a contract payable in Confederate treasury notes, should be for a sum equal to the value of those notes, not in the gold coin, but in the legal tender currency of the United States at the time when and the place where they were payable.

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