Swindell v. . Swindell

This action was brought to recover the possession of a horse alleged to be unlawfully detained by the defendant. The plaintiff is the administrator of F. R. Swindell and the defendant is his widow. There was evidence tending to show that F. R. Swindell had given the horse to his wife. The plaintiff contended that there had been no actual or symbolical delivery of the horse to the defendant, which was necessary to complete the gift. Gross v. Smith, 132 N. C., 604. The evidence tended to show that there had been an actual delivery of the horse to the defendant and an admission by the husband…