Parker v. . Mott
Supreme Court of North Carolina
Appeal by plaintiff from Finley, J., at tbe November Term, 1920, of Eoksyth. The action is to recover the amount of two promissory notes, under seal, of one thousand dollars ($1,000) each, of date II May, 1912, payable to Rebecca Ellis, plaintiff’s intestate, due two years after date, signed by defendants T. A. Mott and Mildred E. Mott, his wife, same being secured by a mortgage on real estate of the obligors situated in the town of Hickory, N. 0., duly registered in Catawba…
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Appeal by plaintiff from Finley, J., at tbe November Term, 1920, of Eoksyth. The action is to recover the amount of two promissory notes, under seal, of one thousand dollars ($1,000) each, of date II May, 1912, payable to Rebecca Ellis, plaintiff’s intestate, due two years after date, signed by defendants T. A. Mott and Mildred E. Mott, his wife, same being secured by a mortgage on real estate of the obligors situated in the town of Hickory, N. 0., duly registered in Catawba County. Defendants, the obligors, and Annie E. Simpson resisted recovery, claiming that the amount due on the notes had…
1Opinion of the Court
Hoke, J.,
after stating the case: The authorities in this State have been very insistent upon the position that “in order to a valid gift of personal property inter vivos there must be an actual or constructive delivery with the present intent to pass the title.” Thomas, Exr., v. Houston et al., ante, 91; Askew v. Matthews, 175 N. C., 187; Zollicoffer v. Zollicoffer, 168 N. C., 326; Patterson v. Trust Co., 157 N. C., 13; Gross v. Smith, 132 N. C., 604; Duckworth v. Orr, 126 N. C., 674; Wilson v. Featherston, 122 N. C., 747; Newman v. Bost, 122 N. C., 524; Medlock v. Powell, 96 N. C., 499;…
2Cases cited18 opinions
- Basket v. HassellSupreme Court of the United States · 1883
- Harris Banking Co. v. MillerSupreme Court of Missouri · 1905
- Tucker v. TuckerSupreme Court of Iowa · 1908
- Carpenter v. . SouleNew York Court of Appeals · 1882
- Newman v. . BostSupreme Court of North Carolina · 1898
13 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. . WeinsteinSupreme Court of North Carolina · 1944
- Edson v. LucasCourt of Appeals for the Eighth Circuit · 1930
- Buffaloe v. . BarnesSupreme Court of North Carolina · 1946
- In Re Estate of LaughterMississippi Supreme Court · 2009
- Sinclair v. TravisSupreme Court of North Carolina · 1950
15 more not listed; retrieve them via the Exa API.