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CHAS. R. BREWER and wife HETTIE v. THOMAS A. HARVY.

To make a gift valid to pass title, there must be a delivery, either actual or symbolical.

Therefore, where a father pointed out a colt to his daughter, at the same time saying to her, "that is your property; I give it to you," but retains the possession, no title passed to the daughter.

READE, J.

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.

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.

There is no error.

PER CURIAM Judgment affirmed.

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BREWER v. HARVEY
(Jan 1, 1875)