Tipton had bought tract of land from Hurst in 1859 using notes, including $875 in bank notes which were executed in the Bank of Tennessee. Note was assigned to Walker in 1861. During war, defendants were Confederates and Walker a Unionist. Walker was forced to accept Confederate money as payment for the note. Walker now suing defendants to enforce a lien on the land for the unpaid purchase money, charging that the Confederate money was fraudulent and not a payment at all.