Coffin v. Hyde
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Chas. F. Reddoch, Judge. Action in claim and delivery. Judgment for defendant. The distinction between a gift inter vivos, a gift causa mortis, and an attempt at testamentary disposition is fully illustrated by the following authorities: Basket v. Hassell, 107 U. S. 602, 2 Sup. Ct. 415, 27 L. ed. 500; McCord’s Admr. v. McCord, 77 Mo. 166, 46 Am.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Chas. F. Reddoch, Judge. Action in claim and delivery. Judgment for defendant. The distinction between a gift inter vivos, a gift causa mortis, and an attempt at testamentary disposition is fully illustrated by the following authorities: Basket v. Hassell, 107 U. S. 602, 2 Sup. Ct. 415, 27 L. ed. 500; McCord’s Admr. v. McCord, 77 Mo. 166, 46 Am. Rep. 9; Longenfiel v. Richter, 60 Minn. 49, 61 N. W. 826; 14 Cyc. 1060; Hart v. Eetchum, 121 Cal. 426, 53 Pac. 931; Foxworthy v. Adams, 136 Ky. 403, Ann. Cas. 1912A,…
1Opinion of the CourtBudge, J.
This is an action in claim and delivery, brought by appellant to recover possession of about 125 head of cattle or the value thereof.
It is alleged in the complaint that Charles A. Wilhite died intestate on Dee. 1, 1917, at Boise, Ada county, and that appellant is the duly and regularly appointed, qualified and acting administrator of his estate; that at and for some time prior to his death, deceased was the owner and in possession of about 125 head of mixed cattle of which respondent wrongfully and unlawfully took possession about Dec. 3, 1917, and still retains such possession; that prior to…
2Cases cited9 opinions
- Basket v. HassellSupreme Court of the United States · 1883
- Grymes v. . HoneNew York Court of Appeals · 1872
- Devol v. DyeIndiana Supreme Court · 1890
- Williams v. . GuileNew York Court of Appeals · 1889
- Champney v. . BlanchardNew York Court of Appeals · 1868
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3Cited by4 opinions
- MATTER OF ESTATE OF COURTRIGHT v. RobertsonIdaho Supreme Court · 1978
- Christiansen v. RumseyIdaho Supreme Court · 1967
- Gray v. GrayIdaho Supreme Court · 1956
- Tobias v. Wolverine Min. Co., Ltd.Idaho Supreme Court · 1932