Connor v. Trawick's Adm'r
Supreme Court of Alabama
Appeal from the Circuit Court of Marengo. Tried before the Hon. C. W. Rapier. This action was brought by Burwell T. Connor, an infant, suing by his next friend, against the administrator of Ignatius A. Trawick, deceased, to recover a slave named Toby, which the plaintiff claimed under an alleged gift from his grandfather, Burwell Trawick, deceased, as evidenced by an instrument of writing in the following words ; “Know all men, by these presents, that I, Burwell Trawick, of…
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Appeal from the Circuit Court of Marengo. Tried before the Hon. C. W. Rapier. This action was brought by Burwell T. Connor, an infant, suing by his next friend, against the administrator of Ignatius A. Trawick, deceased, to recover a slave named Toby, which the plaintiff claimed under an alleged gift from his grandfather, Burwell Trawick, deceased, as evidenced by an instrument of writing in the following words ; “Know all men, by these presents, that I, Burwell Trawick, of the county of Attala, State of Mississippi, for divers good causes and considerations me thereunto moving, have this day…
1Opinion of the CourtR. W. Walker, J.
Jt has long been understood to be the law, that, in the'absence of an actual'delivery of the property, a gift can only be made by deed, or--other instrument-under-seal. In the present case, theKV'could-be-n® *293actual' delivery of tbe property, because, by the terms of the alleged gift, the donee was not to have possession until after the death of the donor ; and as the writing relied on is not under seal,, we must decide that there was not a valid gift, unless we are prepared to repudiate the rule above stated, and to hold that a gift may be consummated, as well by the delivery of an unsealed…
2Cases cited4 opinions
- Perry v. GrahamSupreme Court of Alabama · 1851
- M'Cutchen's Adm'rs v. M'CutchenSupreme Court of Alabama · 1839
- Bean v. WelshSupreme Court of Alabama · 1850
- Summerlin v. GibsonSupreme Court of Alabama · 1849
3Cited by8 opinions
- Liebe v. BattmannOregon Supreme Court · 1898
- Walker v. CrewsSupreme Court of Alabama · 1882
- Collins v. BaxterSupreme Court of Alabama · 1935
- Hobart's Admr. v. VailSupreme Court of Vermont · 1907
- Livingston v. PowellSupreme Court of Alabama · 1952
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