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98 Mo. App. 72

Vermillion v. Parsons

Missouri Court of Appeals

Decided February 3, 1903

Missouri Court of Appeals · decided 1903-02-03

— Hon. H. C. Pepper, Judge. (1) It is essential to a valid parol gift that it go into effect at once and completely. Mere words signifying an intent to transfer in the future are insufficient. R. S. 1899, sec. 3400; Spencer v. Vance, 57 Mo. 427;' Wheatley v. Abbott, 32 Miss. 343; Gfratside v. Phalman, 45 Mo. App. 160; Chevallier v. Wilson, 1 Texas 161; Brink v. Gould, 7 Lans, 425.

Cited by 5 later decisions — most recently December 1913

5 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1903-02-03

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GOODE, J.

¶1This appeal concerns the ownership of a piano claimed by Edna Parsons, the interpleader, but attached as the property of her father, L. C. Parsons, the defendant. There was other property involved in the case originally which is no longer in dispute.

¶2Two points are made by the appellant: first, that a demurrer should have been sustained to the inter-pleader’s case; second, that the jury ignored the evidence and found the verdict from prejudice.

¶3The testimony of the interpleader and her mother was that the piano was given to the interpleader by her father when she was seven years of age and while he *75was entirely free from debt; the issue between the attaching creditor and the respondent being as to whether she was the owner in good faith of the instrument, or whether it had been transferred to her by her father in fraud of his creditors.

¶4There was undoubtedly evidence to be submitted to the jury as to whether the interpleader was the true owner and the circuit judge correctly overruled the appellant’s demurrer.

¶5The evidence interposed against the interpleader’s right was deemed so strong by the circuit judge that he set aside one verdict in her favor, but the second trial resulted in the same way. The second verdict could not be set aside on that ground. R. S. 1899, see. 801.

¶6The judgment is affirmed.

Bland, P. J., and Bey-burn, J., concur.
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