HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.slavery/ussccases0468 and id is 1 raw text is: Oct. 1873.]
WILLIAMS V. BAXIKHEAD.
Statement of the case.
could never be sold, and the defendants could not procure
the money from any other source, the debt should never be
paid. Such a result would be a mockery of justice.* The
question of reasonable time, as the case was presented, was
one to be determined by the court.t When the suit was in-
stituted more than five years had elapsed from the date of
the instrument. This was much mcre than a reasonable
time for the fulfilment of the undertaking of the defendants,
and the plaintiff was entitled to recover.
The Circuit Court instructed the jury correctly, and the
judgment is
AYFIRMED.
WILLIAMS ET AL. V. BANKHEAD.
1. The bare title of a cause at the head of one or two orders of court-these
being the only parts of a record in a concurrent proceeding sent here--
in which orders the defendant Is stated to be G. 31. el aL is not suf-
ficient to show that a partner of G. Al., to wit, one J. B.-not anywhere
named in any portion of the record sent, was a defendant and party to
the proceeding.
2. Where a proceeding in equity concerns the disposal of a specific fund, a
person claiming the fund, and liable by a decree to have it wholly swept
from him, is an indispensable party.
8. The general rules in equity relative to parties and the qualifications to
the rules stated.
APPEAL from the Circuit Court for the Eastern District of
Arkansas; the case being thus:
In 1853, James I. Branch, a cotton planter, in Desha
County, Arkansas, opened an account with George Mc-
Gregor, Nathan Aloway, and James Baukhead, of New
Orleans, partners, under the name of McGregor, Alloway
* Hicks v. Shouse, 17 Ben Monroe, 487; Ubsdell et al. v. Cunningham, 22
Missouri, 124.
t Frothingham v. Dutton, 2 Greenleaf, 255; Kingsley v. Wallis, 14 Maine,
57; Manning v. Sawyer, 1 Hawks, 37; Cocker et al. v. Franklin Hemp and
Flax Manufacturing Company, 3 Sumner, 530.](ViewImageLocal?handle=hein.slavery/ussccases0468&div=1&collection=&method=preview&ext=.png&size=3)