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John McCollum, Plaintiff in error, v. Jenison Eager U.S. 61 (1844)

handle is hein.slavery/ussccases0331 and id is 1 raw text is: JANUARY TERM. 1844. 1O11 MCCOLLUM. PLAINTIFF'IN ERROR, V. JENISON EAGER. In the Circuit Cburt of the United States for Louisiana, where a party seeks relief which is mainly appropriate to a chancery jurisdiction, .chancery piac- tice must.be followed. A writ ofeiror is not the appropriate mode of bringing U'p,ibr review,-a decree in chancery. It should-be brought up by an a~pal. An appeal will lie only from a final decree; and not from one dissolvihg'an injunctioa, where the bill'itseif is not dismissed. Tars case was brought up by a writ of error fromthe CircUit Coirt of 'the United States for the eastern district of Louisiana. The caie wps this. On the 27th of July, 1838, Charles Bishgp executed the follow* ing promissory note: Donaldsmville, 27th July, 1838. In all the month of May next , 1839,1 promise to pay H.Willianis and.A.- F. Rightor or order, the sum of'five thousaxid dollars, value received. (Signed) CrwAiRLs BrsHop. Which note was-endorsed to Eager, a citizen of Kertucky,-by Williams and Rightor, waiving .the necessity of a demand of pay- ment orz the maker and of protest for non-payment and- also of norice to themselves as the enddrsers; 6f the nonpaymet of the note. On the 17th of Aughst, 1838, John Hagan, senior, bf New Oileans, conveyed to Williams and Bishop, six tracts of land for $50, 00, payable in one, two, and three years, with interest, the notes for which were dated on the 1st of August, 1838, and endorsed by Rightor. It was made a dondition of sale that, if any one of the notes should not be pimctually paid, the-whole of the lands should revert to Hagan. On the 26th of February, 1839, Bishop sold, out all his interest in the above purchase to Williams, Bightor, and Andrew McCollum. On the 3d of August, 1839, the first note given by Williams and Bishop to Hagan, for $16,666 66 cents, was protested for non- payment. On the 18th of November, 1839, Eager brought suit by filing a petition in the Circuit Court- of the United States, against Willians and Rightor as endorsers upon Bishop's note. F

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