Stigletts v. McDonald

(dissenting)—I cannot agree with the conclusions reached and expressed in the majority opinion prepared after argument on rehearing granted.

If the alleged gift of the money involved was a gift at all, it was a gift inter vivos. The rule as to such gifts is correctly enunciated in 28 C. J. 621, as follows:

“A gift inter vivos as its name imports, is a gift between the living. It is a contract which takes place by the mutual consent of the giver, who^ divests himself of the thing given in order to transmit the title of it to the donee gratuitously, and the donee who accepts and acquires the…