Legal Opinion

Nicholas v. Adams

Supreme Court of Pennsylvania

Decided December 31, 1836PublishedCited by 23 opinions

This was a writ of error to the District Court for the City and County of Philadelphia, to remove the record of an action of trover, brought by Lewis Adams against Samuel Nicholas, to recover two gold watches. ~ < On the trial before Stroud, X, on the tenth day of June, 1835, the plaintiff claimed the articles in question, under the will of one Moses Holmes, dated the 29th day of October, 1832; the defendant claimed to hold under an alleged donatio causa mortis, made by the…

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This was a writ of error to the District Court for the City and County of Philadelphia, to remove the record of an action of trover, brought by Lewis Adams against Samuel Nicholas, to recover two gold watches. ~ < On the trial before Stroud, X, on the tenth day of June, 1835, the plaintiff claimed the articles in question, under the will of one Moses Holmes, dated the 29th day of October, 1832; the defendant claimed to hold under an alleged donatio causa mortis, made by the same person on the22d day of October, in the same year. Moses Holmes died on the lstday of November, 1832. His disease…

1Opinion of the Court

The opinion of the court was. delivered by

Gibsow, C. J.

Perhaps the best definition of this species of donation in the books of the civil law, and 'the one which best corresponds to the best impressions the subject has received from the Anglo-Saxon jurists, who seem to be returning to the point from which they started—is, that which is found in Justinian's Institutes, Lib. 2, Tit. 7 : “ Mortis causa donatio est, quce propter mortis jit suspicionem; cum quis ita donat, ut si quis humanitus, haberet is qui accepit; sin autem supervixesset, is qui donavit reciperet, vet si eum donationis…

2Cited by23 opinions

  1. The State of Rhode Island v. the State of MassachusettsSupreme Court of the United States · 1838
  2. Appeal of WalshSupreme Court of Pennsylvania · 1888
  3. Seabright v. SeabrightWest Virginia Supreme Court · 1886
  4. Chadrow v. KellmanSupreme Court of Pennsylvania · 1954
  5. McCord's Administrator v. McCordSupreme Court of Missouri · 1882

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