Haynes v. Gwin
Supreme Court of Arkansas
Appeal from Perry Circuit Court; John W. Wade, Judge; STATEMENT OP PACTS. This is au action brought by Dovie Gwin by her next friend, Clark Haynes, to recover an automobile, a cow, and certain household furniture. After the original complaint and affidavit in replevin had been filed, the plaintiff filed an amendment thereto stating a particular description of the property claimed and the value of each article thereof.
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Appeal from Perry Circuit Court; John W. Wade, Judge; STATEMENT OP PACTS. This is au action brought by Dovie Gwin by her next friend, Clark Haynes, to recover an automobile, a cow, and certain household furniture. After the original complaint and affidavit in replevin had been filed, the plaintiff filed an amendment thereto stating a particular description of the property claimed and the value of each article thereof. The material facts are as follows: Lula Haynes is the widow of W. A. Haynes, deceased, and Dovie Gwin is a daughter by a former wife. The mother of Dovie Gwin died on October…
1Opinion of the Court
HART, J.,
(after stating the facts). It is earnestly insisted by counsel for the defendant that the evidence is not legally sufficient to warrant the verdict. It is claimed that in order to make a valid gift, possession must at the time accompany it and that the proof in the present case fails to show that the property was delivered to the plaintiff. We do not agree with counsel in this contention, but think the question was one of fact for the jury and not of law for the court. The plaintiff was only fourteen years of age at the her mother died. It is fairly inferable from the evidence that…
2Cases cited6 opinions
- Bailey v. O'NealSupreme Court of Arkansas · 1909
- De Queen & Eastern Railway Co. v. ThorntonSupreme Court of Arkansas · 1911
- Clinton v. RossSupreme Court of Arkansas · 1912
- Kansas City Southern Railway Co. v. MorrisonSupreme Court of Arkansas · 1912
- Bispham v. TurnerSupreme Court of Arkansas · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Aycock v. BottomsSupreme Court of Arkansas · 1940
- Heller v. CommissionerUnited States Board of Tax Appeals · 1940
- George Hess v. Sam Paulo, Sr.Hawaii Supreme Court · 1949
- Frank v. CommissionerUnited States Board of Tax Appeals · 1933
- Lange v. LangeSupreme Court of Florida · 1938
5 more not listed; retrieve them via the Exa API.