163 So. 323 | Ala. | 1935
The suit was in detinue and resulted in a judgment for plaintiff.
The errors assigned are that the court erred in permitting plaintiff to testify that her aunt gave her the property sued for, and in overruling appellant's motion for a new trial.
If the evidence other than that of appellee showed a consummated gift and delivery of the property by defendant's aunt many years before her death, the gift being so completed (Davis v. Wachter,
The judgment of the circuit court is reversed, and the cause is remanded.
Reversed and remanded.
All the justices concur, except KNIGHT, J., not sitting.