Rutherford v. Deaver

(after stating the facts as above). That it appeared as a matter of law that the conveyance to H. E. Fulbright and Mrs. Birdie Rutherford of 175 acres of the John Laud survey, evidenced by the deed dated October 7, 1881, was a gift to them by their father Pete Fulbright, Sr., is affirmed by all the parties to the appeal. They disagree, however, as to whether the trial court has a right to say it also appeared as a matter of law that the gift was an advancement by said Pete Fulbright, Sr., to his said children. Appellee insists that the gift was within a well-established rule (18 C. J. 938, §…