Fletcher v. Fletcher
Supreme Court of Vermont
Trespass. Plea, general issue. Trial by jury, December Term, 1882, Powers, J., presiding. Verdict for plaintiff. The plaintiff claimed title to the covered carriage by virtue of an oral gift from her father, and that the gift was made on the 3d day of August, 1876. The defendant claimed that her father subsequently gave and delivered the carriage to him. The plaintiff and her brother Joseph lived with, and constituted a part of, the family of their father, James Fletcher.
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Trespass. Plea, general issue. Trial by jury, December Term, 1882, Powers, J., presiding. Verdict for plaintiff. The plaintiff claimed title to the covered carriage by virtue of an oral gift from her father, and that the gift was made on the 3d day of August, 1876. The defendant claimed that her father subsequently gave and delivered the carriage to him. The plaintiff and her brother Joseph lived with, and constituted a part of, the family of their father, James Fletcher. They lived on the father’s farm; but, owing to his infirmities, Joseph for five years both prior and subsequent to the…
1Opinion of the Court
The opinion of .the court was delivered by
Veazey, J.
The testimony of the plaintiff tended to show a completed gift of the carriage in question. Under the facts stated there was no necessity of a visible presence or laying on of hands to constitute a delivery. In case of a carriage situated as this was, if there is a declaration of the gift in plain terms, and a sur*328render and acceptance of dominion, it is sufficient. Ross & Wife v. Draper,* Franklin County, January Term, 1883 ; 1 Parsons Con. p. 201; 1 Bouvier, L. D. 633; 2 Kent’s Com. 439; Martrick v. Linfield, 21 Pick. 325 ; Kellogg v.…
2Cases cited2 opinions
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