Ammon v. Martin
Supreme Court of Arkansas
Appeal from Woodruff Circuit Court. Grant Green, Jr., Judge. The only question involved in this case is as to the delivery. The facts proved show a complete delivery before the mother’s death. 12 Johns. 418 ; 1 Johns. Ch. 240 ; 44 Ark. 42 ; 22 S. W. Rep. 1077; 18 id. 1072; 43 Ark. 307; 5 Am. & Eng. Enc. Law, 447; 15 Wend. 445. There was no delivery. To constitute a gift causa mortis, there must be delivery in the lifetime of the donor. See 107 U. S. 602; 2 Sup. Ct. Rep. 415.
1Opinion of the CourtWood, J.
This was a suit on a note executed by appellees to Mrs. Eliza Lynch. The appellant alleges that the note was endorsed by Eliza J. Lynch in blank, was delivered to her during the lifetime of Eliza J. Lynch, and that she thereby became the owner of same. The appellees, Martin and wife, admitted the execution of the note, and say that the balance due thereon is three hundred and twenty-six and 75-100 dollars. They also say that Robert C. Lynch, the administrator of the estate of Eliza J. Lynch, claims that the note is the property of the estate. They pray the court to adjudge the question of…
2Cases cited5 opinions
- De Levillain v. EvansCalifornia Supreme Court · 1870
- Darland v. TaylorSupreme Court of Iowa · 1879
- Woodburn v. WoodburnIllinois Supreme Court · 1887
- Clough v. CloughMassachusetts Supreme Judicial Court · 1875
- Baker v. WilliamsIndiana Supreme Court · 1870
3Cited by16 opinions
- Lowe v. HartSupreme Court of Arkansas · 1910
- Scott v. Union & Planters' Bank & Trust Co.Tennessee Supreme Court · 1910
- Hatcher v. BufordSupreme Court of Arkansas · 1895
- Varley v. SimsSupreme Court of Minnesota · 1907
- Gordon v. ClarkSupreme Court of Arkansas · 1921
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