Mobile Savings Bank v. McDonnell
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before tbe Hon. War. E. Clarke. This action was brought by the Mobile Savings Bank, to recover the possession of a tract of land particularly described; and was commenced on the 3d March, 1888. Mrs. Kate McDonnell and F. H. McLarney, as executrix and executor of the last will and testament of James McDonnell, deceased, intervened as landlords of the tenants in possession, and defended on the title of their testator.
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Appeal from the Circuit Court of Mobile. Tried before tbe Hon. War. E. Clarke. This action was brought by the Mobile Savings Bank, to recover the possession of a tract of land particularly described; and was commenced on the 3d March, 1888. Mrs. Kate McDonnell and F. H. McLarney, as executrix and executor of the last will and testament of James McDonnell, deceased, intervened as landlords of the tenants in possession, and defended on the title of their testator. The land had belonged to John O’Donnell, and each party claimed under him; the plaintiff, by a purchase at sheriff’s sale under…
1Opinion of the CourtMcOLELLAN, J.
This is an action of ejectment prosecuted by tbe Mobile Savings Bank against Kate McDonnell et al., who claimed through James McDonnell, deceased. The bank was a creditor of John O’Donnell on July 30, 1885, at which date he conveyed the land in controversy to said James McDonnell, upon a consideration which, according to the leading recital of the deed, was $1,644.50 in money paid; but this recital was qualified by a subsequent clause of the instrument, which is in the following language: “This conveyance is made in payment of a debt due by said John O’Donnell to said James McDonnell for the…
2Cases cited31 opinions
- Hodges Bros. v. Coleman & CarrollSupreme Court of Alabama · 1884
- Humes v. O'Bryan & WashingtonSupreme Court of Alabama · 1883
- Manning v. PippenSupreme Court of Alabama · 1888
- Hubbard v. AllenSupreme Court of Alabama · 1877
- Calhoun v. Hannan & MichaelSupreme Court of Alabama · 1888
26 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Robinson v. MoseleySupreme Court of Alabama · 1890
- Eastis v. MontgomerySupreme Court of Alabama · 1890
- Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
- Caldwell v. PollakSupreme Court of Alabama · 1890
- Rice v. Schloss & KahnSupreme Court of Alabama · 1890
16 more not listed; retrieve them via the Exa API.