William Hill, David Porter, and William Walker v. the United States Et Al

• Decision Date: 01 January 1850
• Citation: 9 How. 386,50 U.S. 386,13 L.Ed. 185
• Parties: WILLIAM J. HILL, DAVID M. PORTER, AND WILLIAM F. WALKER, v. THE UNITED STATES ET AL
• Court: U.S. Supreme Court

50 U.S. 386

9 How. 386

13 L.Ed. 185

WILLIAM J. HILL, DAVID M. PORTER, AND WILLIAM F. WALKER, v. THE UNITED STATES ET AL.

January Term, 1850

The bill must therefore be dismissed.

THIS case came up from the Circuit Court of the United States for the Southern District of Mississippi, upon a certificate of division in opinion between the judges thereof.

It was a bill filed on the equity side of the court, by Hill and the other complainants, against the United States, the Mississippi and Alabama Railroad Company, William M. Gwin, and William H. Shelton, to enjoin a judgment obtained against the complainants by the United States.

The circumstances were these.

In 1835, the receiver of public moneys for the Choctaw district in the State of Mississippi was found to be in debt to the government.

On the 26th of September, 1835, the Solicitor of the Treasury issued a distress warrant, under the act of May, 1820, for the purpose of collecting the debt, and inclosed it to William M. Gwin, then Marshal of the United States for the State of Mississippi.

The history of the transaction between 1835 and 1839 need not be stated.

In 1839, the marshal, by direction of the Solicitor and Secretary of the Treasury, received from the representative of the debtor (who was then dead) the sum of $30,000 in the notes of the Mississippi and Alabama Railroad Company, as collateral security for the debt, for the collection of which he had a distress warrant. The Railroad Company, in order to avoid a suit upon its notes, transferred to the District Attorney upwards of $78,000 of bills receivable of the bank. Amongst these bills receivable was a promissory note for four thousand dollars, dated on the 12th of April, 1838, payable six months after date to the Mississippi and Alabama Railroad Company, negotiable and payable at their banking-house in Brandon, and signed by William J. Hill, J. S. Rowland, D. M. Porter, and W. F. Walker. The note was joint and several; Hill was the principal, and the others sureties.

On the 15th of June, 1839, the District Attorney brought suit upon the note, in the name of the United States, against all the parties, and at November term obtained judgment.

In January, 1840, a fi. fa. was issued, an in May, 1840, Hill, Porter, and Walker filed a bill on the equity side of the court against the United States, the Mississippi and Alabama Railroad Company, William M. Gwin, and William H. Shelton, setting up certain equities, which need not be here particularly stated, and praying for an injunction, which was granted.

All the parties answered, the District Attorney answering on behalf of the United States.

In May, 1846, the cause was set down for hearing upon the bill, answers, and exhibits.

In November, 1846, the following proceedings took place.

The United States, by attorney, made the following...