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 of the CourtSomerville, J.
The present bill is filed by the executors of James McDonnell, deceased, to set aside as fraudulent a deed of trust executed by Peter Burke on June 15th, 1885, to "W. J. Hearin, as trustee for the Mobile Savings Bank, to secure a promissory note made by Burke and wife, of even date with the conveyance, for the sum of fourteen thousand dollars, and payable thirty days after date. This conveyance was a renewal of a series of prior mortgages on the same property, the first of which was executed on September 30th, 1884, to secare a debt of fifteen thousand dollars due by Burke to the Bank; and…
2Cases cited11 opinions
- Blennerhassett v. ShermanSupreme Court of the United States · 1882
- Hilliard v. CagleMississippi Supreme Court · 1872
- Miller v. Cannon & Co.Supreme Court of Alabama · 1887
- Chadwick v. CarsonSupreme Court of Alabama · 1884
- Tutwiler v. MontgomerySupreme Court of Alabama · 1882
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3Cited by16 opinions
- Warten v. BlackSupreme Court of Alabama · 1915
- Lehman, Durr & Co. v. Van Winkle & Co.Supreme Court of Alabama · 1890
- McGhee v. Importers & Traders National BankSupreme Court of Alabama · 1890
- Clayton v. Exchange BankCourt of Appeals for the Fifth Circuit · 1903
- Schoenvogel v. Venator Group Retail, Inc.Supreme Court of Alabama · 2004
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