Meriwether v. Morrison
Court of Appeals of Kentucky
Case i 18 — PETITION ORDINARY — APPEAL FROM TODD CIRCUIT COURT. 1. The verdict in this case is palpably and flagrantly against the evidence. .2. The assignment of the notes to appellee by W. D. Meriwether, sr., was not a gift inter vivos, because there was no delivery to the donee.
Read the full summary
Case i 18 — PETITION ORDINARY — APPEAL FROM TODD CIRCUIT COURT. 1. The verdict in this case is palpably and flagrantly against the evidence. .2. The assignment of the notes to appellee by W. D. Meriwether, sr., was not a gift inter vivos, because there was no delivery to the donee. (Duncan’s adm’r v. Duncan, $ Lit., 12; Brown v. Brown’s adm’r, 4 B. M., 538; Knott v. Hogan, 4 Met., 102.) 3. To constitute a gift causa mortis, it is essential that there shall be an actual delivery of the thing given, and that it shall be made in the donor’s last illness, and in expectation of death. (Hedges v.…
1Opinion of the Court
JUDGE HINES
delivered the opinion of the court.
This action was instituted by appellee to recover, the possession of two promissory notes executed by A. M. Barker to W. D. Meriwether, sr., and assigned to appellee. It is insisted by counsel for appellant that the evidence does not support the verdict. A disposition of this question in favor of appellee will render it unnecessary to consider the other assignments of error, as they are principally in reference to the instructions, which are unquestionably correct if the evidence is sufficient.
The undisputed facts are: Appellee, a cousin of W. D.…
2Cases cited5 opinions
- Minor v. RogersSupreme Court of Connecticut · 1873
- Ellis v. SecorMichigan Supreme Court · 1875
- Camp's Appeal from ProbateSupreme Court of Connecticut · 1869
- Gardner v. MerrittCourt of Appeals of Maryland · 1870
- Southerland v. Southerland's adm'rCourt of Appeals of Kentucky · 1869
3Cited by12 opinions
- Devol v. DyeIndiana Supreme Court · 1890
- Innes v. PotterSupreme Court of Minnesota · 1915
- Jacobs v. JolleyIndiana Court of Appeals · 1902
- Trevathan's v. Dees' ExecutorsCourt of Appeals of Kentucky (pre-1976) · 1927
- McCoy's Admr. v. McCoyCourt of Appeals of Kentucky · 1907
7 more not listed; retrieve them via the Exa API.