Conger v. Cotton
Supreme Court of Arkansas
APPEAL from Yell Circuit Court in Chancery. Hon. T. W. Pound, Chancellor. STATEMENT. On tbe twenty-sixth of March, 1875, W. E. Cotton filed in tbe Yell Circuit Court his complaint in equity against the appellant, Thomas C. Conger, alleging, in substance, that on the eighth of January, 1872, the plaintiff and defendant, and Jacob Conger and Claiborne Cotton, were equal partners in a steam mill in Yell county, under the firm name of T. C. Conger & Co. That on that day…
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APPEAL from Yell Circuit Court in Chancery. Hon. T. W. Pound, Chancellor. STATEMENT. On tbe twenty-sixth of March, 1875, W. E. Cotton filed in tbe Yell Circuit Court his complaint in equity against the appellant, Thomas C. Conger, alleging, in substance, that on the eighth of January, 1872, the plaintiff and defendant, and Jacob Conger and Claiborne Cotton, were equal partners in a steam mill in Yell county, under the firm name of T. C. Conger & Co. That on that day plaintiff bought tbe interest of appellant in said mill, for $1000, of which lie paid, in cash, $300, and thereupon appellant…
1Opinion of the Court
OPINION.
Eakin, J.
i. oh anpiiACTicis: "yy li Q JX there is jnrisdicti o li matte? an The bill, considered simply as a suit to recover a balance due complainant for money advanced for lumber, and for money had and received by defendant to the use of ^ comPlainant, did not present such a case of mutual accounts, to require the interposition of a Court of Equity. The relief, as to that much, might have been effectually rendered at law. But the'bill further seeks to have complainant’s note delivered up and cancelled and to have an outstanding mortgage declared satisfied. This was the peculiar…
2Cited by10 opinions
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- Shapleigh v. HullSupreme Court of Colorado · 1895
- Simpson & Webb Furniture Co. v. MooreSupreme Court of Arkansas · 1910
- La Mesa Community Ditch v. AppelzoellerNew Mexico Supreme Court · 1914
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