The Southwestern Historical Quarterly, Volume 19, July 1915 - April, 1916 Page: 35
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Texas v. White
this point, however, as on the others, he opposed to the decree of
the court this epigrammatic statement,
A court of chancery is said to be a court of conscience; and how-
ever astute may be the argument introduced to defend this decree,
I can say only that neither my reason nor my conscience can give
assent to it.
The decree, after some preliminary and formal considerations,
declared the contract between the Military Board and White and
Chiles, made January 12, 1865, to be null, void, and of no effect;
that the said White and Chiles, and their agents and attorneys,
and all others claiming to act in their behalf, be perpetually en-
joined from asserting any right or claim under the same; and
that the complainant is entitled to recover and receive the bonds
and coupons mentioned in the said contract, as having been trans-
ferred or sold to the said White and Chiles, which at the several
times of service of process in this suit were in the possession or
control of the defendants respectively, and any proceeds thereof
which have come into such possession or control with notice of
the equity of the complainant.40
It was ordered more specifically that the defendants were en-
joined from setting up any claim to the bonds mentioned as hav-
ing been actually transferred by the Military Board, that is, to the
135 bonds transferred to White and Chiles, or to the seventy-six
bonds in the hands of Droege & Company, of Manchester, Eng-
land. Such of these bonds as were then in the possession of the
defendants were declared the rightful property of the State of
Texas, and the holders were ordered to restore them. In pursu-
ance of this decree, the court decided upon the number of bonds
the various defendants were accountable for-
Birch, Murray & Company, 8;41 George W. Stewart, 4; Birch,
Murray & Company, 4;42 John A. Hardenberg, 34.
The effect of the redemption of certain bonds by the United
4025 Texas (Sup.) Reports, 618. The preceding paragraph of the decree
decided the matter of the authority of the prosecuting attorneys.
41These were the eight bonds on deposit in the United States Treasury.
"These bonds and those of Hardenberg had been "redeemed" by the
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 19, July 1915 - April, 1916, periodical, 1916; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth101067/m1/43/: accessed April 27, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.