Truck Insurance Exchange v. Schuenemann

I concur in the result arrived at by the ■majority upon appellant’s motion for a re-Tiearing. While I believe that it was the ■intention of the Legislature to render parol gifts of motor vehicles void, or at least voidable, Art. 1436-1, §§ 33, 44, 46, 51, 52 and 53, Vernon’s Ann.Penal Code, yet under certain conditions such a parol gift may in equity be declared valid, and the facts here show this parol gift to be an exception to the general rule. No one with a justiciable interest in this gift is endeavoring to set it aside. Furthermore, Rauel Roberto Diaz, deceased, was in open, exclusive,…