Kiff v. . Weaver
Supreme Court of North Carolina
This was a civil actioN tried before Shepherd, Judge, and a jury, at the Fall Term, 1885, of Hertford Superior Court. The action was brought by the plaintiff as administrator of James Kiff, deceased, to recover from the defendant, a number of notes, and mortgages executed to secure them, payable to James Kiff' the plaintiff's intestate, as described in the complaint, which it is alleged the defendant unlawfully withholds from the plaintiff.
Read the full summary
This was a civil actioN tried before Shepherd, Judge, and a jury, at the Fall Term, 1885, of Hertford Superior Court. The action was brought by the plaintiff as administrator of James Kiff, deceased, to recover from the defendant, a number of notes, and mortgages executed to secure them, payable to James Kiff' the plaintiff's intestate, as described in the complaint, which it is alleged the defendant unlawfully withholds from the plaintiff. The defendant admitted that he held the possession of the bonds and mortgages, but denied that he held them unlawfully. For a further defence, he pleaded…
1Opinion of the CourtAshjs, J.
(after stating the facts). A donatio causa mortis, in Nicholas v. Adams, 2 Whar. 17, is defined by ch. Justice Gibscxn, to be “a conditional gift, depending on the contingency of' expected death, and that it was defeasible by revocation or delivery from the peril.” To constitute a donatio mortis causa the circumstances must be such, as to show that the donor-intended the gift to take effect, if he should die shortly after-wards, but that if he should recover, the thing should be restored to him. Overton v. Sawyer, 7 Jones, 6.
From this definition it results, that to constitute a donatio…
2Cases cited9 opinions
- Knight v. . HoughtallingSupreme Court of North Carolina · 1881
- First National Bank of New Windsor v. BynumSupreme Court of North Carolina · 1881
- Nicholas v. AdamsSupreme Court of Pennsylvania · 1836
- Burton v. . FarinholtSupreme Court of North Carolina · 1882
- Brown v. BrownSupreme Court of Connecticut · 1847
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Devol v. DyeIndiana Supreme Court · 1890
- Hunt v. EureSupreme Court of North Carolina · 1925
- Hunt v. . EureSupreme Court of North Carolina · 1925
- Caylor v. Caylor's EstateIndiana Court of Appeals · 1899
- Cannon v. WilliamsSupreme Court of Georgia · 1942
12 more not listed; retrieve them via the Exa API.