Medlock v. . Powell
Supreme Court of North Carolina
Civil actiok, tried before Montgomery, Judge, and a jury, at Fall Term, 1886, of Bunios Superior Court. The plaintiff brought this action to recover possession of a mule, which he alleges is his property. On the trial, the evidence in substance was, that while the plaintiff was under age, living and working with and for his father on his farm, the latter said to him on one occasion, that “ he might have the colt if he would raise it.”
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Civil actiok, tried before Montgomery, Judge, and a jury, at Fall Term, 1886, of Bunios Superior Court. The plaintiff brought this action to recover possession of a mule, which he alleges is his property. On the trial, the evidence in substance was, that while the plaintiff was under age, living and working with and for his father on his farm, the latter said to him on one occasion, that “ he might have the colt if he would raise it.” After that, the plaintiff claimed the colt, but it remained with the father's horses, and was fed with them. The father, with the consent of the plaintiff,…
1Opinion of the Court
Merrimon, J.,
(after stating the facts). A gift of personal property is voluntary and without consideration, and it is essential that the property shall be delivered to the person to whom it is granted, or to some person for him. The delivery must be actual, so far as the subject of the gift in its nature is capable of delivery. If actual delivery cannot be made, then some act equivalent to it must be done in connection with or about the property given, that has the legal effect to pass the title to it. The donor must part with his dominion over it, in a way effectual to transfer-it to the…
2Cases cited1 opinion
- Long v. . SwindellSupreme Court of North Carolina · 1877
3Cited by10 opinions
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- Fouts v. NanceSupreme Court of Oklahoma · 1916
- Stonestreet v. Southern Oil Co.Supreme Court of North Carolina · 1946
- Thomas v. . HoustonSupreme Court of North Carolina · 1921
- Parker v. . MottSupreme Court of North Carolina · 1921
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