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BREWER v. HARVEY
Supreme Court of North Carolina
Jan 1, 1875
Important Paras
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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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