This was a Civil Action, to recover the possession of a certain horse and for damages, tried before Seymour, On the trial below, it appeared that one White, who was the father of the feme plaintiff, during his lifetime, gave to her the horse in controversy. That at the time of this gift, the feme plaintiff was only twelve years old, and the horse itself nothing but a colt.
Cited by 1 later decisions — most recently February 1882
1 state decisions
Good law ✅— No negative treatment on recordhow we know
¶1
A gift is, of course, without valuable consideration ; and to make it valid to pass title, there must be a
delivery,
either actual or symbolical.
¶2
In this case, the owner pointed out a colt, and said to his daughter, ” that is your property ; I give it to you.” There was no change of possession. The title did not pass to the daughter.
