Biscoe v. Sneed
Supreme Court of Arkansas
Appeal from the Chancer;/ side of the Washington Circuit Court. Bill in Chancery by Biscoe and others, as Residuary Trustees of the Real Estate Bank against Sneed, Brodie and Costa, determined in the Washington Circuit Court, before Hon. W. W. Floyd, Chancellor, in May, 1848. The bill was filed ISlli April, 1846. The. averments in t.ho bill, are, briefly, that the defendants, on the 22d ol March, 1842, execuled to the Real Estate Bank their note for 1,830, due at 6 months…
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Appeal from the Chancer;/ side of the Washington Circuit Court. Bill in Chancery by Biscoe and others, as Residuary Trustees of the Real Estate Bank against Sneed, Brodie and Costa, determined in the Washington Circuit Court, before Hon. W. W. Floyd, Chancellor, in May, 1848. The bill was filed ISlli April, 1846. The. averments in t.ho bill, are, briefly, that the defendants, on the 22d ol March, 1842, execuled to the Real Estate Bank their note for 1,830, due at 6 months from, date; that on the 2d of April, 1842, the Bank made a general deed of assignment, by which she transferred all her…
1Opinion of the CourtChief Justice Johnson
The only question raised by the record in this case is whether the bilL sets up such facts as to authorize the complainants to come into a court of equity. The facts relied upon are that the note described in the bill was transferred by deed of assignment and not by actual endorsement either upon the paper itself or upon any other paper attached to it, and that the bank, to whom it was originally made payable, had ceased to exist. The defendant, in support of his demurrer has cited Conway Exparte, (4 Ark. Rep. 361.) Gray et al, vs. The Real Estate Bank, (5 Ark. Rep. 93.) Roane et al, vs.…
2Cases cited4 opinions
- Davies v. GibsonSupreme Court of Arkansas · 1840
- Tillier v. WhiteheadSupreme Court of the United States · 1788
- Gray v. Real Estate BankSupreme Court of Arkansas · 1843
- Roane v. LaffertySupreme Court of Arkansas · 1844