Legal Opinion

Hall v. Simmons

Supreme Court of Georgia

Decided July 3, 1906PublishedCited by 22 opinions

Certiorari. Before Judge Seabrook. Effingham superior court. November 14, 1905.

1Opinion of the CourtCobb, P. J.

1. While delivery is essential to the completion of a gift of personalty, actual manual delivery is not required. Constructive or symbolic delivery is sufficient under certain circumstances. When it appears that the donor has relinquished all dominion and control over the property as owner and parted absolutely with title, the mere fact that the donee allows possession to remain with the donor will not necessarily defeat the gift. Harrold v. Nicholson, 119 Ga. 458, and citations.

2. When in the trial of an action of trover it appears that prior to the institution of the suit the plaintiff had…

2Cases cited1 opinion

  1. Harrell v. NicholsonSupreme Court of Georgia · 1904

3Cited by22 opinions

  1. Durham v. CrawfordSupreme Court of Georgia · 1943
  2. Underwood v. UnderwoodCourt of Appeals of Georgia · 1931
  3. Georgia Casualty Co. v. McRitchieCourt of Appeals of Georgia · 1932
  4. Livingston v. Epsten-Roberts Co.Court of Appeals of Georgia · 1934
  5. Bowman v. ChapmanSupreme Court of Georgia · 1934

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