Legal Opinion

Walker v. Brown

Court of Appeals for the Eighth Circuit

Decided September 10, 1894No. 375PublishedCited by 8 opinions

Appeal from the Circuit Court of the United States for the Southern .District of Iowa. In Equity. Bill by James II. Walker, Columbus B. Cummings, and William B. Howard against Anna L. Brown, Willis S. Brown, and Edward L. Marsh, administrators of the estate of Tallmadge E. Brown, deceased.

Read the full summary

Appeal from the Circuit Court of the United States for the Southern .District of Iowa. In Equity. Bill by James II. Walker, Columbus B. Cummings, and William B. Howard against Anna L. Brown, Willis S. Brown, and Edward L. Marsh, administrators of the estate of Tallmadge E. Brown, deceased. This is a bill which was preferred by the appellants, composing the firm of James H. Walker & Go., of the city of Chicago, against the appellees, as administratrix a.nd administrators, respectively, of the estate of Tallmadge E. Brown, deceased, to enforce an alleged equitable lien upon certain bonds of the…

1Opinion of the CourtThayer, Circuit Judge

The first question presented for consideration by this court is whether the letter of T. E. Brown to James H. Walker & Co., of date September 21, 1889, had the effect of creating an equitable lien upon the Memphis bonds therein referred to, in favor of James H. Walker & Co., which lien a court of chancery will enforce. In his work on Equity Jurisprudence, Mr. Pomeroy says, and the authorities cited by him undoubtedly support the proposition—

“That every express executory agreement in writing, whereby the contracting party sufficiently indicates an intention to make some particular property,…

2Cases cited7 opinions

  1. Payne v. HookSupreme Court of the United States · 1869
  2. Byers v. McAuleySupreme Court of the United States · 1893
  3. Hess v. ReynoldsSupreme Court of the United States · 1885
  4. Yonley v. LavenderSupreme Court of the United States · 1875
  5. The Union Bank of Tennessee v. Jolly's Adm'rs.Supreme Court of the United States · 1856

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Hale v. TylerU.S. Circuit Court for the District of Massachusetts · 1902
  2. Smith v. FoleyU.S. Circuit Court for the District of Nevada · 1897
  3. Brown v. HowardU.S. Circuit Court for the Southern District of Iowa · 1899
  4. Walker v. BrownU.S. Circuit Court for the Southern District of Iowa · 1897
  5. Cheshire Provident Institution v. Anglo-American Land Mortgage & Agency Co.Court of Appeals for the First Circuit · 1904

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API