| Great Britain. Court of King's Bench, Richard Vaughan Barnewall, Sir Edward Hall Alderson - 1819 - 882 pages
...executrix, upon that contract, for the price of the hay actually provided. ABBOTT CJ I am of opinion, that by the law of England, in order to transfer property...must be an actual delivery of the thing to the donee. (a) Boll, S'.p. 61. Here Here the gift is merely verbal, and differs from a donatio 1819. mortis causa... | |
| Sir Edmund Saunders, Great Britain. Court of King's Bench - 1824 - 494 pages
...been directed to this case in 2 B. & A. 551. Irons v. Smallpiece, in which it is laid down by Abbot CJ that " by the law of England, in order to transfer...be an actual delivery of the thing to the donee." It is presumed that the word «' instrument" means an instrument under seal : the case was one of an... | |
| William Ward - 1826 - 536 pages
...delivery will not execute a complete gift inter vivos, it cannot create a donation mortis causa;1 and by the law of England, in order to transfer property...must be an actual delivery of the thing to the donee/ To prove the fact of delivery, the authorities appear not to require a plurality of witnesses, as in... | |
| Great Britain. Bail Court, Alfred Septimus Dowling - 1840 - 940 pages
...supposed that Hudson v. Hudson was overruled by Irons v. Smallpiece (b), in which it is laid down, that in order to transfer property by gift, there must...or there must be an actual delivery of the thing to be done ; but, in Williams's Sounders, 47 a, n. (d), the learned editors observe, that the attention... | |
| Great Britain. Court of King's Bench, Sir Edmund Saunders - 1845 - 602 pages
...of England, " in order to transfer property by gift, " there must either be a deed (or in" strument) of gift, or there must be an " actual delivery of the thing to the " donee." It is presumed that the word " instrument" means an instrument under seal. The case was one of an action... | |
| New York (State). Court of Chancery, Oliver Lorenzo Barbour - 1849 - 730 pages
...Abbott says, '• By the law of England, in order to transfer property by gift, there must lie either a deed or instrument of gift, or there must be an actual delivery of the thing to the donee." In Hooper v. Goodwin, (1 Swans. 486,) the master of the rolls «ys: "A gift at law or in equity supposes... | |
| Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1849 - 944 pages
...sold fur- maintained trover against C. to transfer property by gift, there must either be a deed 1847. or instrument of gift, or there must be an actual delivery of the thing to the donee." That is not correct.] In I. ' i' a v. Thornton (a), Maule, J., observes on Lord Tenterden's opinion... | |
| New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Samuel Hand, Hiram Edward Sickels, Edward Jordan Dimock, Edmund Hamilton Smith, Edwin Augustus Bedell, Louis J. Rezzemini, Alvah S. Newcomb, James Newton Fiero - 1850 - 614 pages
...Barn. $• Aid. 552,) Chief Justice Abbott says, to transfer property by gift, there must be either a deed or instrument of gift, or there must be an actual delivery of the thing to the donee. In Tate v. Hilbert, (2 2 Ves.jr. 120,) the lord chancellor says, it is not difficult to conHarris v.... | |
| Georgia. Supreme Court - 1853 - 782 pages
...by counsel, to have been otherwise. Admit this to be true. To transfer property by gift, there must be a deed or instrument of gift, or, there must be an Actual delivery of the thing to the donee. Both are not requisite. 2 Bam. % Ald. 551. 2 Black. Com. 441, (note 5.) And conceding that the conjecture... | |
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