Williams v. Bankhead
Supreme Court of the United States
Appeal from the Circuit Court for the Eastern District of Arkansas; the case being thus: In 1853, James II. Branch, a cotton planter, in Desha County, Arkansas, opened an account with George Mc-Gregor, Nathan Alio way, and James Bankhead, of New Orleans, partners, under the name of McGregor, Alloway & Co., commission merchants, and in that and subsequent years became largely indebted to them for advances and supplies.
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Appeal from the Circuit Court for the Eastern District of Arkansas; the case being thus: In 1853, James II. Branch, a cotton planter, in Desha County, Arkansas, opened an account with George Mc-Gregor, Nathan Alio way, and James Bankhead, of New Orleans, partners, under the name of McGregor, Alloway & Co., commission merchants, and in that and subsequent years became largely indebted to them for advances and supplies. In 1854 he executed to them an open mortgage on his plantation and slaves to secure all balance of indebtedness, whatever it might be from time to time. In 1859 the firm sued…
1Opinion of the CourtJustice Bradley
In this ease James Bankhead obtained a decree for $8000 due him from James II. Branch, and for the specific application by way of payment to him on said decree of $3666.66 due to Branch’s estate, for the reimbursement of money paid by the latter on a plantation which he had mortgaged to Bankhead, but for which lie had never acquired full title. The State court of Desha County, in a suit brought therein, had decreed that the plantation must be delivered back to the vendor, and that the latter must refund the amount paid on it, -which was the sum above stated. The State court, on a cross-bill…
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