Mims v. Ross
Supreme Court of Georgia
New trial. Homestead. Gifts. Before Judge Cole. Bibb Superior Court. December, 1870. Mims, an adult, applied to the Ordinary for a homestead out of certain lands. It was objected to, by the administrator, cum testamento annexo, of Mim’s father, and by certain creditors of the father, some of whom held judgments against the father, upon the ground that it was the property of the father, and subject to pay the father’s debts, etc.
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New trial. Homestead. Gifts. Before Judge Cole. Bibb Superior Court. December, 1870. Mims, an adult, applied to the Ordinary for a homestead out of certain lands. It was objected to, by the administrator, cum testamento annexo, of Mim’s father, and by certain creditors of the father, some of whom held judgments against the father, upon the ground that it was the property of the father, and subject to pay the father’s debts, etc. It was, on appeal from the Ordinary, pending in the Superior Court. The parties agreed to submit the law and facts to the Judge for decision. Mims showed that the…
1Opinion of the CourtMcCay, J.
1. As to the question, whether this land was given by hifather to T. N. Mims, during the life-time of the father, the jury has, under the facts, found against the gift. There was evidence on both sides and, under the rule, the verdict is not to be disturbed.
2. To make out the gift’it would require proof of présent intention to give — a complete renunciation of right, by the father, without power of revocation, and a full delivery of possession, as a gift, inter vivos. If the- act were only, an earnest of the bequest in the will — a foretaste of the bounty, to be completed at the going into…
2Cited by25 opinions
- Beall v. ClarkSupreme Court of Georgia · 1884
- Clark v. BridgesSupreme Court of Georgia · 1927
- Union Trust Co. v. HawkinsOhio Supreme Court · 1928
- Burt v. AndrewsSupreme Court of Georgia · 1900
- Harrell v. NicholsonSupreme Court of Georgia · 1904
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