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Irons v. Smallpiece

Kings Bench

106 Eng. Rep. 467 (1819)

Relevant factsFree

A son claimed his father had verbally given him two colts about a year before the father's death, but the father kept possession of the colts and, six months before dying, only agreed to sell the son hay for them, delivering the hay just days before his death. After the father died, his executrix refused to hand over the colts, and the son sued to compel delivery; the trial court found no valid gift had occurred because the colts were never delivered to the son.

IssueFree

Whether property can be validly transferred through a verbal gift when possession of the property has not been delivered to the donee.

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