Dunn v. Martin

THOMAS, Justice.: The suit was in detinue and resulted ia adjudgment for plaintiff.

The errors assigned are that the court erred in permitting plaintiff to testify that her aunt gave her the property sued for, and in overruling appellant’s motion for a new trial.

If the evidence other than that of appellee showed a consummated gift and delivery of the property by defendant’s aunt many years before her death, the gift being so completed (Davis v. Wachter, 224 Ala. 306, 140 So. 361; Thomas v. Tilley et al., 147 Ala. 189, 41 So. 854), would not come within the inhibitions of the statute as to…