Memphis Sav. Bank v. Houchens
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Arkansas. On or about March 1, 1892, Nellie Houchens, the appellee, exhibited a bill ®f complaint against Thomas H. Allen, Thomas H. Allen, Jr., Harry Allen, and Richard H. Allen, Jr., partners under the firm name of Thomas H. Allen & Co., and against Ellen H. Allen, wife of Thomas H. Allen, and against M. B. Trezevant, as assignee of the firm of Thomas H. Allen & Co., in the circuit court of…
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Appeal from the Circuit Court of the United States for the Eastern District of Arkansas. On or about March 1, 1892, Nellie Houchens, the appellee, exhibited a bill ®f complaint against Thomas H. Allen, Thomas H. Allen, Jr., Harry Allen, and Richard H. Allen, Jr., partners under the firm name of Thomas H. Allen & Co., and against Ellen H. Allen, wife of Thomas H. Allen, and against M. B. Trezevant, as assignee of the firm of Thomas H. Allen & Co., in the circuit court of Jefferson county, in the state of Arkansas. The bill contained the following allegations, in substance: That Thomas H.…
1Opinion of the CourtThayer, Circuit Judge
(after stating the case as above). From the foregoing summary of the pleadings and proceedings in the lower court, it is manifest that the original bill, which was filed by Nellie Houchens against Thomas H. Allen et al. in the circuit court for the county of Jefferson, state of Arkansas, was a bill to preserve and protect trust property, and to administer a trust, which, as she claimed, had been created for her benefit as well as for the benefit of all the other creditors of the firm of Thomas H. Allen & Co. The bill was filed upon the theory that the assignment executed by the firm of Thomas…
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