McHugh v. O'Connor
Supreme Court of Alabama
Appeal from the City Court of Montgomery, in equity. Heard before the Hon. Tiios. M. Arrington. The original bill in this case was filed on the 25th January, 1888, by Mrs. Bridget O’Connor, a married woman, the wife of John O’Connor, against her two brothers, James McHugh and Michael McHugh; and sought, principally, to enjoin the further prosecution of an action of ejectment,'on demises by each of the defendants, to recover the possession of a tract of land, of which…
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Appeal from the City Court of Montgomery, in equity. Heard before the Hon. Tiios. M. Arrington. The original bill in this case was filed on the 25th January, 1888, by Mrs. Bridget O’Connor, a married woman, the wife of John O’Connor, against her two brothers, James McHugh and Michael McHugh; and sought, principally, to enjoin the further prosecution of an action of ejectment,'on demises by each of the defendants, to recover the possession of a tract of land, of which complainant and her husband were in’ possession. The land had belonged to said John O’Connor, and was conveyed by him, by…
1Opinion of the CourtStone, C. J.
We have travelled with care through the mass of conflicting and unsatisfactory testimony found in this record, and we have encountered great difficulty in ascertaining facts we can feel safe in trusting and acting on. Making the most we can of the inextricable tangle; we have reached the conclusions, first, that during her life, Mrs. Murray delivered to complainant, Bridget 0’Cou.nor, the mortgage she held on John O’Connor, the latter’s husband, with the intention of giving it to her; and, second, that she did not deliver the note to her. These ascertained facts fall short of a valid gift of…
2Cases cited5 opinions
- Prout v. HogeSupreme Court of Alabama · 1876
- Welsh v. PhillipsSupreme Court of Alabama · 1875
- Center v. P. & M. BankSupreme Court of Alabama · 1853
- Dacus v. StreetySupreme Court of Alabama · 1877
- O'Connor v. McHughSupreme Court of Alabama · 1889
3Cited by7 opinions
- Andrews v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
- Jones v. WeakleySupreme Court of Alabama · 1892
- Wheeler v. ArmstrongSupreme Court of Alabama · 1909
- Westcott v. SharpSupreme Court of Alabama · 1951
- Van v. ParkerSupreme Court of Alabama · 1957
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