Irons v. Smallpiece
106 Eng. Rep. 467 (1819)
The plaintiff claimed that his father had made a verbal gift to him of two colts about a year before the father’s death. The father retained possession of the colts until his death. Six months before he died, the father had agreed to sell the son hay for the colts. The father provided no hay until a few days before his death. The father’s executrix (defendant) refused to deliver the colts to the son. The son brought suit to compel delivery of the colts. The trial court held that there had been no valid gift because the colts had not been delivered to the son.
Rule of Law
Holding and Reasoning (Abbott, C.J.)
Concurrence (Holroyd, J.)