Legal Opinion

McLeod v. Brown

Supreme Court of Alabama

Decided December 20, 1923No. 5 Div. 876PublishedCited by 4 opinions

Appeal from Circuit Court, Russell County; J. S. Williams, Judge. Bill of interpleader by T. S. Davis, doing business under the trade name of Bank of Hurtsboro, against George W. and Minnie McLeod Brown, individually, and A. A. McLeod and others as executors of J. W. McLeod, deceased. From a decree for cross-complainants, George W. Brown and Minnie McLeod Brown, the respondents executors, appeal. The burden is on appellees to show the gift was made.

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Appeal from Circuit Court, Russell County; J. S. Williams, Judge. Bill of interpleader by T. S. Davis, doing business under the trade name of Bank of Hurtsboro, against George W. and Minnie McLeod Brown, individually, and A. A. McLeod and others as executors of J. W. McLeod, deceased. From a decree for cross-complainants, George W. Brown and Minnie McLeod Brown, the respondents executors, appeal. The burden is on appellees to show the gift was made. Jackson v. Jackson, 91 Ala. 292, 10 South. 31; 12 R. C. L. 971. Complete and unconditional delivery is essential to a gift inter vivos; such…

1Opinion of the CourtMiller, J.

This is a bill of interpleader filed by T. S. Davis, doing business under the ñame of Bank of Hurtsboro. It avers that it has in its possession $4,000 in Liberty coupon bonds, which are claimed by George W. Brown and his wife, Minnie McLeod Brown, and that they are also claimed by A. A. McLeod and others, as executors of the estate of J. W. McLeod, deceased"; and seeks to have the bonds deposited in court; to have the adverse claimants propound their claims and title to such bonds; to have complainant relieved of liability, and his attorney paid a reasonable fee for representing him and…

2Cases cited13 opinions

  1. Lyons v. CampbellSupreme Court of Alabama · 1889
  2. Rawdon v. RawdonSupreme Court of Alabama · 1856
  3. Galliher v. State Mutual Life Ins.Supreme Court of Alabama · 1907
  4. McLeod v. McLeodSupreme Court of Alabama · 1906
  5. White v. FarleySupreme Court of Alabama · 1886

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3Cited by4 opinions

  1. Collins v. BaxterSupreme Court of Alabama · 1935
  2. Vaughn v. VaughnSupreme Court of Alabama · 1928
  3. Livingston v. PowellSupreme Court of Alabama · 1952
  4. Blake, Extr. v. ClintonConnecticut Superior Court · 1943

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