Jones v. Deyer
Supreme Court of Alabama
Error to the Orphans’ Court of Limestone. Tried before the Hon. Wm. H. Walker, Judge. The plaintiff in error, as administrator, with the will annexed, of Patrocleus Lewis, deceased, rendered his accounts and vouchers to the Orphans’ Court of Limestone for a final settlement of his administration.
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Error to the Orphans’ Court of Limestone. Tried before the Hon. Wm. H. Walker, Judge. The plaintiff in error, as administrator, with the will annexed, of Patrocleus Lewis, deceased, rendered his accounts and vouchers to the Orphans’ Court of Limestone for a final settlement of his administration. The defendants in error, Andrew J.,Deyer and Jane his wife, the. latter of whom is the daughter of the said Patrocleus Lewis, and sole legatee under his will, denied the correctness of the administrator’s account, and suggested; 1st, that he had failed to charge himself with the sum of $1200, being a…
1Opinion of the CourtCollier, C. J.
1. It has been so often decided as to have become a legal axiom, that it is indispensable to a parol gift of a chattel, that there should be an actual delivery of the Ihing. Sims v. Sims’ adm’r 2 Ala. Rep. 117, and cases there cited; Easley v. Dye, 14 Ala. Rep. 158; Pitts v. Mangum, 2 Bailey’s Rep. 588; Fowler v. Stuart, 1 McC. Rep. 504; Ewing v. Ewing, 2 Leigh’s Rep. 337; Pearson v. Pearson, 7 Johns. Rep. 26. To constitute an effectual delivery, the donor must part with the dominion of the thing in favor of the donee. A bare intention to give, no matter how decidedly formed or how often…
2Cases cited12 opinions
- Raymond v. SellickSupreme Court of Connecticut · 1835
- Craig v. TuckerSupreme Court of Pennsylvania · 1811
- Nicholas v. AdamsSupreme Court of Pennsylvania · 1836
- Sims v. SimsSupreme Court of Alabama · 1841
- Easly v. DyeSupreme Court of Alabama · 1848
7 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Woodrow v. HawvingSupreme Court of Alabama · 1894
- Seabright v. SeabrightWest Virginia Supreme Court · 1886
- Smyley v. ReeseSupreme Court of Alabama · 1875
- Dooley v. VillalongaSupreme Court of Alabama · 1878
23 more not listed; retrieve them via the Exa API.