Hempstead v. Johnston
Supreme Court of Arkansas
Appeal from the Circuit Court of Union county in Chancery. Assignments in preference of creditors are tolerated, not favored by the law.
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Appeal from the Circuit Court of Union county in Chancery. Assignments in preference of creditors are tolerated, not favored by the law. To be valid they must devote the whole of the debtor’s property to the immediate and unqualified payment of his debts, pari passu, or in a specified order, and must contain no reservations or conditions for the benefit of the grantor, and must also be free from provisions calculated to extort from-the fears of creditors a compromise, discharge, or other favor Bur-dick vs. Post, 12 Barb. 175; Barney vs. Griffin, 2 Comst. 365; Whitney vs. Krows, 11 Barb. 200;…
1Opinion of the CourtChief Justice English
This was a bill filed on the chancery side of the Union Circuit Court, on the 7th of October, 1852, by James H. Johnston, of Union county, Martha A. Langster, late Sheppard, and her husband, William Langster, of Haywood county, Tennessee, R. Richards, Robt. W. Adams and John M. Lee, late partners under the style of R. W. Adams & Co., and Robt. W. McCalpin of New Orleans, against Samuel H. Hempstead and others.
The allegations of the bill are in substance as follows:
That on the 25th of March, 1847, Wm. D. Lee executed a promissory note to Archer Phillips, guardian of J. C. Marley, for $1,658…
2Cases cited9 opinions
- Brooks v. MarburySupreme Court of the United States · 1826
- Elmes v. SutherlandSupreme Court of Alabama · 1845
- Mauldin, Montague & Co. v. ArmisteadSupreme Court of Alabama · 1848
- Magee v. CarpenterSupreme Court of Alabama · 1842
- Phettiplace v. SaylesU.S. Circuit Court for the District of Rhode Island · 1826
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3Cited by12 opinions
- Emerson v. SenterSupreme Court of the United States · 1886
- In Re Las Colinas, Inc.District Court, D. Puerto Rico · 1968
- Adams v. ThorntonSupreme Court of Alabama · 1885
- Cannon v. DemingSouth Dakota Supreme Court · 1892
- Carnall v. DuvalSupreme Court of Arkansas · 1860
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