Hancock v. . Hovey

The Act of Assembly referred to does not reach this case. It does not require a deed of gift as essential to constitute a title, but merely provides that where a deed of gift is made, it shall be recorded.

HAYWOOD, J. I am of opinion that no deed of gift is necessary, under the circumstances of this case. The evil the Legislature intended to remedy was the want of a law for perpetuating gifts and sales which, before the passing of the Act of 1784, were made secretly; and the remedy designed was for the benefit of creditors and purchasers, since none others could be injured by the want of…