Mobile Savings Bank v. McDonnell
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. Thos. W. Coleman. The bill in this case was filed on the 17th October, 1887, by the executors of the last will and testament of James McDonnell, deceased, against the Mobile Savings Bank, W. J. Hearin as trustee, and Peter Burke and his wife; and sought to set aside on the ground of fraud, actual and constructive, a deed of trust executed by said Burke and wife to Hearin as trustee, to secure a debt of about…
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Appeal from the Chancery Court of Mobile. Heard before the Hon. Thos. W. Coleman. The bill in this case was filed on the 17th October, 1887, by the executors of the last will and testament of James McDonnell, deceased, against the Mobile Savings Bank, W. J. Hearin as trustee, and Peter Burke and his wife; and sought to set aside on the ground of fraud, actual and constructive, a deed of trust executed by said Burke and wife to Hearin as trustee, to secure a debt of about $14,000 due to said bank. The deed of trust was executed on the 15th June, 1885, and was filed for record on the 27th July…
1Opinion
*746Note. — On application for rehearing, the case was held under advisement until November 7,1889, when the following opinion was delivered:
SOMERVILLE, J.
We have given very careful attention to the application for rehearing in this case, and are constrained, after due consideration, to overrule it. Tbis we have done after an attentive examination of all the authorities cited on the briefs of counsel, and many others besides.’
The main point of contention is the admissibility of Burke’s testimony. We held that, being a party defendant to the record — an indispensable party — he could not,…
2Cases cited15 opinions
- Stein v. BowmanSupreme Court of the United States · 1839
- United States v. ClarkSupreme Court of the United States · 1878
- Kumpe v. CoonsSupreme Court of Alabama · 1879
- Miller v. Cannon & Co.Supreme Court of Alabama · 1887
- Dismukes & Patrick v. Tolson & BarrettSupreme Court of Alabama · 1880
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