Legal Opinion

Ragan v. Hill

Supreme Court of Arkansas

Decided March 19, 1904PublishedCited by 9 opinions

Appeal from Johnson Circuit Court in Chancery. Wirijam L. Moosk, Judge. Declarations are competent to determine the character of the transaction.- 14 Am. & Eng. Enc. Law (2d Ed.), 1051. The transaction was not a gift. 74 Miss. 549. There must be a complete delivery, and the gift fully executed. 59 Ark. 191; 14 Am. & Eng. Enc. Law, 1056. In gifts inter vivos the transfer must be immediate and absolute. 14 Am. & Eng. Enc.

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Appeal from Johnson Circuit Court in Chancery. Wirijam L. Moosk, Judge. Declarations are competent to determine the character of the transaction.- 14 Am. & Eng. Enc. Law (2d Ed.), 1051. The transaction was not a gift. 74 Miss. 549. There must be a complete delivery, and the gift fully executed. 59 Ark. 191; 14 Am. & Eng. Enc. Law, 1056. In gifts inter vivos the transfer must be immediate and absolute. 14 Am. & Eng. Enc. Law, 1014; 1 Ark. 83; ii- Ark. 249 ; 60 Ark. 169; 59 Ark. 93, 191. A promise to make a gift cannot be enforced. 57 Ark. 93; 44 Ark. 42; 107 U. S. 612. • The money advanced was…

1Opinion of the CourtBatter, J.

J. O. Ragan, as administrator of W. M. Rees, deceased, sued John C. Hill, Sr., and John C. Hill, Jr., partners doing business under the firm name and style of John C. Hill & Son, for $1,000, money loaned to them by the deceased in his lifetime, and for interest thereon. Defendants admitted the indebtedness, and alleged that it was also claimed by B. C. Rees; offered to bring the money into court; asked that B. C. Rees be made a party, and that he and the administrator of W. M. Rees, deceased, be required to interplead for the same^ which was done, the administrator claiming that the money was…

2Cases cited4 opinions

  1. Basket v. HassellSupreme Court of the United States · 1883
  2. Nolen v. HardenSupreme Court of Arkansas · 1884
  3. Coleman v. ParkerMassachusetts Supreme Judicial Court · 1873
  4. Newton v. SnyderSupreme Court of Arkansas · 1884

3Cited by9 opinions

  1. Lowe v. HartSupreme Court of Arkansas · 1910
  2. Irvin v. JonesSupreme Court of Arkansas · 1992
  3. Baugh v. HowzeSupreme Court of Arkansas · 1947
  4. Wilson v. EdwardsSupreme Court of Arkansas · 1906
  5. Miller v. CothranCourt of Appeals of Arkansas · 2008

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