Thomas v. Tilley
Supreme Court of Alabama
Appeal from Tuscaloosa Chancery Court. - Heard before Hon. A. H. Benners. Bill by J. M. Thomas v. C. A. Tilly,, et al., to establish the transfer of a mortgage and to foreclose the same. The facts are sufficiently stated in the opinion of the court. Declarations of an alleged donor of an intent!on to give are admissible as tending to establish the gift.
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Appeal from Tuscaloosa Chancery Court. - Heard before Hon. A. H. Benners. Bill by J. M. Thomas v. C. A. Tilly,, et al., to establish the transfer of a mortgage and to foreclose the same. The facts are sufficiently stated in the opinion of the court. Declarations of an alleged donor of an intent!on to give are admissible as tending to establish the gift. And when proof of these declarations is accompanied by proof of the subsequent possession of the thing given, the evidence is sufficient to authorize the presumption that the gift has been made. — Olds v. Powell, 7 Ala. 652; s. c.; 9 Ala. 861;…
1Opinion of the CourtSimpson, J.
The original and amended hills in the case, filed by appellant, set up the claim that J. W. Thomas, the father of the complainant, J.-M. Thomas, in'his lifetime gave to complainant a certain note and mortgage, which- is admitted to be due, by J. L. Tilley and O. A. Tilley, defendants; and .the prayer is that the court establish the transfer as valid and foreclose the mortgage. The widow and heirs of said J. W. Thomas controvert the fact of the assignment and transfer of said note and mortgage.
The testimony for the complainant, beyond his own, which Avas properly objected to as violative of…
2Cases cited6 opinions
- Sewall v. GliddenSupreme Court of Alabama · 1840
- Hunley v. HunleySupreme Court of Alabama · 1848
- Sims v. SimsSupreme Court of Alabama · 1841
- Blakey v. Heirs of BlakeySupreme Court of Alabama · 1846
- Wheeler v. GlasgowSupreme Court of Alabama · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Ryan v. RyanSupreme Court of Alabama · 1958
- Jennings v. JenningsSupreme Court of Alabama · 1947
- Fouts v. NanceSupreme Court of Oklahoma · 1916
- De Mouy v. JepsonSupreme Court of Alabama · 1951
- Davis v. WachterSupreme Court of Alabama · 1932
9 more not listed; retrieve them via the Exa API.