Hooe v. Harrison
Supreme Court of Alabama
Writ of Error to the Court of Chancery sitting The case stated in the original and amended b| thus condensed: The defendant, Harrison, intern* the daughter of the complainant in 1831, in Kf county, Virginia — all the parties at that time residikgjn that State.
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Writ of Error to the Court of Chancery sitting The case stated in the original and amended b| thus condensed: The defendant, Harrison, intern* the daughter of the complainant in 1831, in Kf county, Virginia — all the parties at that time residikgjn that State. At the time of the marriage, the defendant was man of limited means, and not long after, the complainant suggested to him the propriety of visiting the western country with the view of locating there and acting as his agent in selecting lands and establishing plantations, and as an inducement to his doing so, proposed to provide him the…
1Opinion of the CourtCollier, C. J.
In Olds v. Powell, 7 Ala. R. 652, it is said, “ Wheu property is sent home with a new married couple by the parents, it will be presumed to be a gift, unless at the time a less estate is declared or limited. Whether it be a gift, or mere loan, is a question of intention; any fact therefore which affords evidence of such intention, is admissible as part of the res gesta.” [See also, 4 McC. Rep. 251; 16 Pick. Rep. 62; 2 “Bay’s Rep. 528; 3 Hen. & M. Rep. 127; 1 Hayw. Rep. 2; 2 Id. 66, 97.] In order to warrant the presumption of a gift in such case, it is not necessary that the property be sent…
2Cases cited1 opinion
- Keene v. MaceyCourt of Appeals of Kentucky · 1815
3Cited by4 opinions
- Pharis v. LeachmanSupreme Court of Alabama · 1852
- Owen v. PaulSupreme Court of Alabama · 1849
- O'Bannon v. Myers' ExecutorsSupreme Court of Alabama · 1860
- Farmers' Mutual Fire Insurance v. SmithMichigan Supreme Court · 1929