Ivey's Adm'r v. Owens
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. C< W. Rapier. This action was brought by Lorenzo D. Owens and Nancy,, his wife, against William H. Chambliss, as the administrator of William Ivey, deceased, to recover $900, the alleged price of a slave named Jinney, who was hired by plaintiffs to said Ivey, and sold by him while in his possession under the con* tract, on the 1st January, 1853 ; and the complaint also contained the common counts for money…
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. C< W. Rapier. This action was brought by Lorenzo D. Owens and Nancy,, his wife, against William H. Chambliss, as the administrator of William Ivey, deceased, to recover $900, the alleged price of a slave named Jinney, who was hired by plaintiffs to said Ivey, and sold by him while in his possession under the con* tract, on the 1st January, 1853 ; and the complaint also contained the common counts for money loaned, money had and received, and money paid and expended. The defendant pleaded, 1st, “ that he does not owe the money,”…
1Opinion of the CourtWalker, J.
Delivery is an indispensable ingredient of a parol gift. When the gift has been perfected, the»subject-matter of the gift passes immediately under the dominion of. the donee. Hence the inquiry, whether the thing given has passed under the dominion of the donee, is applied as a test of the completion of the gift. There is no delivery without a transfer of the property, from the dominion of the donor, to that of the donee. The subsequent possession of the property by the donor is not necessarily incompatible with the investiture of the donee with the dominion over it. One may have the actual…
2Cases cited13 opinions
- Sewall v. GliddenSupreme Court of Alabama · 1840
- Dave v. StateSupreme Court of Alabama · 1853
- Sims v. SimsSupreme Court of Alabama · 1841
- Strother's Adm'r. v. ButlerSupreme Court of Alabama · 1850
- Upchurch v. NorsworthySupreme Court of Alabama · 1849
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Jacobs v. JolleyIndiana Court of Appeals · 1902
- Shepard v. ShepardMichigan Supreme Court · 1910
- Currier v. StudleyMassachusetts Supreme Judicial Court · 1893
- Gerhauser v. North British & Mercantile InsuranceNevada Supreme Court · 1871
- O'Connell v. Chicago Park DistrictIllinois Supreme Court · 1941
13 more not listed; retrieve them via the Exa API.