Walker v. Crews
Supreme Court of Alabama
Appeal from Barbour Chancery Court. Heard before Hon. Jno. A. Foster. On 12th March, 1867, Arthur Crews executed a deed of gift to his infant daughter, Ella Corine Crews, purporting, by its terms, to “give, grant and convey” to her certain designated and particularly described promissory notes, made by divers third parties for money loaned, payable to him in January and.
Read the full summary
Appeal from Barbour Chancery Court. Heard before Hon. Jno. A. Foster. On 12th March, 1867, Arthur Crews executed a deed of gift to his infant daughter, Ella Corine Crews, purporting, by its terms, to “give, grant and convey” to her certain designated and particularly described promissory notes, made by divers third parties for money loaned, payable to him in January and. February, 1868, and aggregating, in amount, about the sum of $3100; and reserving to himself the right, “as agent” for his said daughter, to manage said notes, to collect the money thereon, and to re-invest the same. Having…
1Opinion of the CourtStone, J.
— Gifts inter vivos, to become valid transfers of rights of property, must be completely executed, leaving nothing to be done to perfect the gift. If any thing remains to be done, then the transaction is a mere executory agreement to give, and the title does not pass. No action can be maintained in any court, founded on such agreement to give. And there must be a delivery — a transfer of the dominion from the donor to the donee. — 2 Brick. Dig. 40, §§2, 4, 5 ; 2 Kent’s Com. m. p. 438; 3 Wait’s Ac. & Def. 483-9. The title to personal property given by deed' is transferred by a delivery of the…
2Cases cited12 opinions
- Minor v. RogersSupreme Court of Connecticut · 1873
- Kinnebrew's Distributees v. Kinnebrew's AdministratorsSupreme Court of Alabama · 1860
- Jones v. DeyerSupreme Court of Alabama · 1849
- Hillebrant v. BrewerTexas Supreme Court · 1851
- Dickinson v. Lewis, Garthwaite & Co.Supreme Court of Alabama · 1859
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Allen-West Commission Co. v. GrumblesCourt of Appeals for the Eighth Circuit · 1904
- Jackson v. LamarWashington Supreme Court · 1912
- Hicks v. MeadowsSupreme Court of Alabama · 1915
- McDonald v. McDonaldSupreme Court of Alabama · 1926
- Gammon Theological Seminary v. RobbinsIndiana Supreme Court · 1891
16 more not listed; retrieve them via the Exa API.