Gross v. Smith.
Supreme Court of North Carolina
Action by Nannie Gross and others against John Smith, heard by Judge Francis D. Winston and a jury, at November (Special) Term, 1902, of the Superior Court of Rutheb-BORD County. The plaintiffs brought this action for the recovery of a cow which they allege to be in the possession of the defendant Smith. It appears that the cow was sold by the defendant, W. E. Snider, as administrator of J. B. Snider, and bought by John Smith his co-defendant.
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Action by Nannie Gross and others against John Smith, heard by Judge Francis D. Winston and a jury, at November (Special) Term, 1902, of the Superior Court of Rutheb-BORD County. The plaintiffs brought this action for the recovery of a cow which they allege to be in the possession of the defendant Smith. It appears that the cow was sold by the defendant, W. E. Snider, as administrator of J. B. Snider, and bought by John Smith his co-defendant. The feme plaintiff claims ownership of the cow by virtue of a parol gift from her father. In order to establish her title to the cow, she introduced…
1Opinion of the Court
Walker, J.,
after stating the case: We think there was evidence sufficient to' be submitted to the jury upon the question of the parol gift. There can be no doubt that delivery of possession is essential to' constitute a valid gift, “the necessity of delivery,” says Chancellor Kent, “has been maintained in every period of English law.” 2 Kent Com., 438; 2 Blk., 441. But the question in this case is whether there was a delivery in fact. The declarations or admissions of the intestate and the other-testimony are not conclusive upon that question, but the jury must find the fact of delivery from…
2Cases cited3 opinions
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