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The codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) online

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C. 362, 367, 41 A. S. 188, 36 P. 778 (construed and applied); 116
C. 689, 698, 48 P. 58 (cited); 120 C. 488, 490, 491, 492, 493, 52
P. 843, 40 L. 476 (cited); 138 C. 405, 411, 414, 71 P. 506 (con-
strued and applied); 138 C. 517, 520, 521, 71 P. 624 (construed
and applied); 146 C. 435, 440, 80 P. 623 (applied to deed to water
company); 153 C. 152, 156, 94 P. 613 (tract of land impressed
with easement of water ditch for irrigating- purposes, in favor
of other tracts); 7 C. A. 106, 111, 93 P. 900, 901 (conveyance of
lot carries right to use stairway when).

§1105. TVHEX FEE SIMPLE TITLE IS PRESUMED TO
PASS. A fee simple title is presumed to be intended to pass
by a grant of real property, unless it appears from the grant
that a lesser estate was intended.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 10 pars, annotation.

58 C. 11, 15 (cited); 68 C. 559, 561, 10 P. 197, 198 (construed and
applied); 84 C. 611, 614, 615, 22 P. 1142, 24 P. 313 (construed
and applied); 88 C. 263, 267, 26 P. 106 (erroneously cited as C.
C. P.); 91 C. 74, 81, 27 P. 539, 540, 541 (cited); 103 C. 516, 51S.
37 P. 465 (construed as not applicable); 104 C. 298, 299. 37 P.
1049 (applied); 105 C. 173, 182, 38 P. 715 (construed and
applied); 149 C. 178, 190, 86 P. 603 (rule of common law, limit-
ing and qualifying effect and meaning of granting clause of
deed is part of the code).

As to effect of quitclaim deed to convey title, see 53 A. R. 749.

After-acquired title — When will pass, — as to, see Kerr's Cyc.
C. C. § 1106 and note.

§ 1106. SUBSEQUENTLY ACQUIRED TITLE PASSES BY
OPERATION OF LAW. Where a person purports by proper
instrument to grant real property in fee simple, and subse-
quently acquires any title, or claim of title thereto, the same
passes by operation of law to the grantee, or his successors.

History: Enacted March 21, 1872; amended by Code Commis-
sion, Act March 16, 1901. Stats, and Amdts. 1900-1, p. 396, held
unconstitutional, see history, § 4 ante.

See Kerr's Cyc. C. C. for 27 pars, annotation.

55 C. 564, 565 (meaning of "instrument" — it does not embrace
What); 68 C. 559, 561, 10 P. 197, 198 (construed and applied with
Kerr's C. C— 20 609



§§ 1107, 1108 CIVIL CODE. [Div.II,Pt.IV.

§1072 to grant from husband to wife); 84 C. 611, 614, 22 P.
1142, 24 P. 313 (cited); 96 C. 206, 209, 31 P. 37 (applied and con-
strued); 103 C. 108, 110, 37 P. 188 (applied); 141 C. 366, 371, 74
P. 993 (construed and applied).

§1107. GRANT, HOW FAR COJfCLUSIVE ON PUR-
CHASER. Every grant of an estate in real property is con-
clusive against the grantor, also against every one subse-
quently claiming under him, except a purchaser or encum-
brancer who in good faith and for a valuable consideration
acquires a title or lien by an instrument that is first duly
recorded.

Hi.story: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 17 pars, annotation.

55 C. 564, 565, 566 (meaning of "instrument" — it does not
embrace what); 75 C. 552, 555, 557, 558, 17 P. 680, 681, 682,
683 (construed and applied); 96 C. 298, 306, 31 A. S. 209, 31 P. 166
(construed and applied); 97 C. 270, 273, 32 P. 231 (cited); 97 C.
575, 582, 583, 33 A. S. 209, 32 P. 579, 21 L. 33 (construed and
applied); 100 C. 590, 591, 35 P. 170 (applied); 109 C. 42, 48, 49,
41 P. 799 (construed); 113 C. 153, 158, 159, 45 P. 267 (construed
and applied); 120 C. 488, 490, 52 P. 843, 40 L. 476 (cited);
122 C. 509, 513, 68 A. S. 61, 55 P. 390 (cited); 126 C. 600, 604,
59 P. 130 (applied).

As to sheriff's certificate of sale, see Kerr's Cyc. C. C. § 1107,
note par. 12 this note.

As to writ of attachment, see Kerr's Cyc. C. C. § 1107, note
pars. 16, 17 this note.

Good faith, — as to, see Kerr's Cyc. C. C. § 1214 and note.

Prior recordation, — as to, see Kerr's Cyc. C. C. § 1214 and note.

Rule prior to adoption of code was changed by such adoption.
— See 55 C. 564.

Valuable consideration, — as to, see Kerr's Cyc. C. C. § 1214 and
note.

§ 1108. CONVEYANCES BY OWNER FOR LIFE OR FOR
YEARS. A grant made by the owner of an estate for life or
years, purporting to transfer a greater estate than he could
lawfully transfer, does not work a forfeiture of his estate,
but passes to the grantee all the estate which the grantor
could lawfully transfer.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.

610



Tit.IV,ch.II,art.II.] CONDITION. §§1109,1110

§ 1109. GRANT MADE ON CONDITION SUBSEQUENT.

Where a grant is made upon condition subsequent, and is
subsequently defeated by the nou-perforniance of the condi-
tion, the person otherwise entitled to hold under the grant
must reconvey the property to the grantor or his successors,
by grant, duly acknowledged for record.

History: Enacted March 21, 1S72.

See Kerr's Cyc. C. C. for 43 pars, annotation.

56 C. 242, 248 (applied); (dis. op.), 58 C. 63, 73 (applltMl);
86 C. 591, 592, 25 P. 54 (cited); 97 C. 647, 657, 32 P. 702 (applied);
128 C. 285, 291, 60 P. 855 (applied).

As to ejectment, see Kerr's Cyc. C. C. P. §§ 738 et seq.

As to notice generally, see Kerr's Cyc. C. C. P. § 19 and parS.
93 et seq.

As to waiver generally, see Kerr's Cyc. C. C. P. § 1440 and note.

Conditions subsequent. — Generally, — as to, see Kerr's Cyc. C
C. P. § 1438 and note.

Excuse for non-performance, — as to, see Kerr's Cyc. C. C. P.
§§ 1440, 1441 and note.

Impossible conditions, generally, — as to, see Kerr's C>
P. § 1441 and note.

Interpretation of condition involving forfeiture, — as to, sec
Kerr's Cyc. C. C. P. § 1442 and note.

Performance — When essential, — as to, see Kerr's Cyc. C. C.
P. § 1439 and note.

Unlawful conditions subsequent, — as to, see Kerr's Cyc. C.
C. P. § 1441 and note.

§ 1110. GRANTS ON CONDITION, WHEN AHSOLUTE. An

instrument puri)orting to be a grant of real property, to take
effect upon condition precedent, passes the estate upon the
performance of the condition.

HlMtory: Enacted March 21. 1S72: aimndcd Mar.
Code Anidts. 1873-4, p. 225.

See Kerr's Cyc. C. C. for 14 pars, annotation.

55 C. 564, 565 (meaning of "instrument" — It does not embrace
what).

Condition precedent — Generally. — as to, see Kerr's Cyc. C. C.
§ 1436 and note.

Excuse for non-iierformance, — as to, see Kerr's Cyc. C. C.
§ 1440 and note.

Performance — When essential. — See Kerr's Cyc. C. C. i 14^9
and note.

611



§§ 1111-1113 CIVIL CODE. [Div.II,Pt.IV.

§ 1111. GRANT OF RENTS, REVERSIONS, AND REMAIN-
DERS. Grants of rents or of reversions or of remainders are
good and effectual without attornments of the tenants; but
no tenant who, before notice of the grant, shall have paid
rent to the grantor, must suffer any damage therebj'.

History: Enacted March 21, 1872; founded upon § 6, Act 1855,
Stats. 1855, p. 171.

See Kerr's Cyc. C. C. for 19 pars, annotation.

79 C. 442, 443, 21 P. 861, 862 (construed and applied); 82 C.
621, 626, 627, 628, 23 P. 193, 195 (construed and applied);'
97 C. 292, 294, 33 A. S. 187, 32 P. 246 (construed and applied);
150 C. 650, 655, 89 P. 600 (applied); 5 C. A. 475, 481, 90 P.
962, 965 (this section is for protection of tenant).

As to constructive notice by record of instrument, see Kerr's
Cyc. C. C. § 1213 and note.

§1112. BOUNDARY BY HIGHWAY, WHAT PASSES. A

transfer of land, bounded by a highway, passes the title of
the person whose estate is transferred to the soil of the
highway in front of the center thereof, unless a different
intent appears from the grant.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 225.

See Kerr's Cyc. C. C. for 25 pars, annotation.

69 C. 202, 206, 10 P. 510, 513 (applied); 70 C. 534, 540, 12 P.
530, 533 (applied); 95 C. 661, 665, 30 P. 793 (applied); 104 C.
186, 188, 43 A. S. 89, 37 P. 786, 25 L. 654 (applied); 131 C. 96, 99,
63 P. 143 (applied).

Bounding land on street or alley as covenant that the street
or alley exists, where grantor does not in fact own the fee
thereof. — See 10 L. 964.

"Conveyance" along highway, what passes. — See 4 L. 624.

Interpretation of description — Generally, — as to, see Kerr's
Cyc. C. C. § 2077 and note.

Meander line as boundary. — See 63 L. 157.

Waters as boundaries. — See Kerr's Cyc. C. C. § 830 and note.

§1113. IMPLIED COVENANTS. From the use of the

word "grant" in any conveyance by which an estate of inher-
itance or fee simple is to be passed, the following covenants,

612



Tit.IV,ch.II,art.II.] COVENANTS. §1113

and none other, on the part of the grantor for himself and
his heirs to the grantee, his heirs, and assigns, are implied
unless restrained by express terms contained in such convey-
ance:

1. That previous to the time of the execution of such con-
veyance, the grantor has not conveyed the same estate, or any
right, title, or interest therein, to any person other than the
grantee ;

2. That such estate is at the time of the execution of such
conveyance free from encumbrances done, made, or suffered
by the grantor, or any person claiming under him.

Such covenants may be sued upon in the same manner as
if they had been expressly inserted in the conveyance.

History: Enacted March 21, 1872, founded upon § 9. Act isfif.,
Stats. 1855, p. 171.

See Kerr's Cyc. C. C. for 21 pars, annotation.

56 C. 616, 619 (applied): 74 C. 266, 267, 268. 5 A. S. 440, 15 P.
831, 832 (applied); 109 C. 417, 424, 42 P. 139 (cited); 113 C.
345, 352, 45 P. 680 (construed and applied): 119 C. 283. 294, 63
A. S. 108. 51 P. 2. 51 P. 542 (construed and applied); 131 C.
109. Ill, 82 A. S. 335, 63 P. 179 (applied); 133 C. 436. 458. 65 P.
968 (construed and applied); 134 C. 417, 418. 66 P. 472 (con-
strued and applied); 138 C. 618. 624. 72 P. 173 (no considera-
tion for implied covenant in deed of gift, when); 6 C. A. 646.
648, 92 P. 875. 876 (lease is encumbrance, and is within cove-
nants implied from use of word "grant" in conveyance of
estate in fee simple); 7 C. A. 515. 516. 94 P. 856 (use of word
"grant" in deed of gift does not imply covenant against encum-
brance of mortgage when).

Apportionment of covenants, as to. — Sit- Kerr's Cyc. C. C.
§ 1467 and note.

"Grant", as effectual to convey estate in incorporeal hored-
iments. — See Kerr's Cyc. C. C. § 1053 and note.

Implied covenant — Defined. — See 9 A. D. 157; IS T.. 34.'?: 4
W. & P. 3431.

Same — For title other than statutory. — See 32 A. D. 353.

Same — In lease as to fitness of property for the purpose
intended. — See 33 L. 449.

Recitals in deed as basis of implied covenants of title. — See 18
L. 343.

613



§§1114,1115 CIVIL CODE. [Div.II,Pt.IV.

§1114. WHAT THE TERM "ENCUMBRANCES" EM-
BRACES. The term "encumbrances" includes taxes, assess-
ments, and all liens upon real property.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 226.

See Kerr's Cyc. C. C. for 7 pars, annotation.

106 C. 441, 446 (erroneously cited for § 1141), 39 P. 853, 855
(correct citation); 149 C. 316, 320, 86 P. 706 (construed with
other sections — deed of trust is not an encumbrance).

As to eviction under covenant, see note 6 L. 107.

§1115. LINEAL AND COLLATERAL WARRANTIES
ABOLISHED. Lineal and collateral warranties, with all their
incidents, are abolished; but the heirs and devisees of every
person who has made any covenant or agreement in refer-
ence to the title of, in, or to any real property, are answer-
able upon such covenant or agreement to the extent of the
land descended or devised to them, in the cases and in the
manner prescribed by law.

History: Enacted March 21, 1872, founded upon § 8, Act 1855,
Stats. 1855, p. 171.



614



I



Tit.IV,ch.III,art.I.] TRANSFER by SALE. §§1135,1136

CHAPTER III.
TRANSFER OF PERSONAL. PROPERTY.

Article L Mode of Transfer. §§1135, 1136.

II. What Operates as a Transfer, §§ 1140-1142.
IIL Gifts, §§ 1146-11.53.

ARTICLE I.

MODE OF TRANSFER.

I 1135. When must be in writing.
§ 1136. Transfer by sale, etc.

§ 1135. >VHEN MUST BE IN TTRITIXG. An interest in
a ship, or in an existing trust, can be transferred only by
operation of law, or by a written instrument, subscribed by
the person making the transfer, or by his agent.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 15 pars, annotation.

55 C. 564, 565 (meaning of "instrument" — it does not embrace
what).

As to mortgage of vessel at sea. see Kerr's Cyc. C. C. { 1135
note par. 9.

As to sale of vessel at sea, see Kerr's Cyc. C. C. i 1135, note
par. 12.

Transfer of obligations, — as to, see Kerr's Cyc. C. C. §$ 1457
et seq.

Transfer of personal property by sale — Generally, — as to.
see Kerr's Cyc. C. C. §§ 1721 et seq.

Same — Delivery, — as to, see Kerr's Cyc. C. C. H 1753 et seq.

Same — Auction, — as to, see Kerr's Cyc. C. C. S§ 1792 et seq.

§ 1136. TRANSFER BY S.\LE, ETC. The mode of trans-
ferring other personal property by sale is regulated by ihe
title on that subject, in division third of this code.

History: Enacted March 21. 1872.

As to sale of property — Generally, see Kerr's C\ r <". C.
§S 1721 et seq.. and notes.

As to transfer of obligations, see Kerr's Cyc. C. C. 5J1457
et seq., and notes.

615



§§1140,1141 CIVIL CODE. [Div.II.Pt.IV.

ARTICLE II.

WHAT OPERATES AS A TRANSFER.

§ 1140. Transfer of title under sale.

§ 1141. Transfer of title under executory agreement for sale.

§ 1142. When buyer acquires better title than seller has.

§1140. TRAJrSFER OF TITLE UNDER SALE. The title
to personal property, sold or exchanged, passes to the buyer
whenever the parties agree upon a present transfer, and the
thing itself is identified, whether it is separated from other
things or not.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 49 pars, annotation.

76 C. 212, 218, 9 A. S. 199, 18 P. 248, 251 (construed and
applied); 86 C. 459, 463, 25 P. 12, 13 (applied); 107 C. 348, 357, 40
P. 530, 534 (applied); 145 C. 514, 523, 78 P. 1040 (delivery
simultaneously with payment is necessarily essence of transfer) ;
147 C. 313, 322, 81 P. 964 (applied — title vests regardless of
delivery); 3 C. A. 519, 524, 86 P. 615 (applied — title to prop-
erty sold is in buyer).

As to delivery generally, including when necessary and what
is sufficient, see Kerr's Cyc. C. C. §§ 1753 et seq. and notes.

As to assignment for creditors generally, see Kerr's Cyc. C. C.
§§ 3449 et seq.

As to specific performance, see 26 A. D. 661-671.

Conditional sales. — See Kerr's Cyc. C. C. § 1721 and note.

Constructive delivery of bulky articles, — as to, see Kerr's
Cyc. C. C. § 1140, note pars. 43-46; 75 A. D. 443.

Putting in condition for. — See Kerr's Cyc. C. C. § 1141 and
note.

§ 1141. TRANSFER OF TITLE UNDER EXECUTORY
AGREEMENT FOR SALE. Title is transferred by an execu-
tory agreement for the sale or exchange of personal prop-
erty only when the buyer has accepted the thing, or when
the seller has completed it, prepared it for delivery, and
offered it to the buyer, with intent to transfer the title
thereto, in the manner prescribed by the chapter upon offer
of performance.

Hi-story: Enacted March 21, 1872.
616



Tit.IV,ch.III,art.II.] BUYER'S TITLE. §1142

See Kerr's Cyc. C. C. for 14 pars, annotation.

63 C. 575, 576 (applied); 77 C. 139, 144, 12 A. S. 63, 19 P. 260.
261 (applied); 93 C. 532, 534, 29 P. 225, 226 (referred to); 106
C. 441, 446 (erroneously cited as § 1114), 39 P. 853, 855 (correct
citation); 146 C. 50, 55, 79 P. 592 (applied to sale of oranj?es
on trees); 3 C. A. 519, 524, 86 P. 615 (applied — title to property
sold is in buyer.

Offer to perform, — as to, see Kerr's Cyc. C. C. § 1485 and note.

§ 1142. WHEN BUYER ACQUIRES BETTER TITLE THAN
SELLER HAS. Where the possession of personal property,
together with a power to dispose thereof, is transferred bj- its
owner to another person, an executed sale by the latter, while
in possession, to a buyer in good faith and in the ordinj^ry
course of business, for value, transfers to such buyer the
title of the former owner, though he may be entitled to
rescind, and does rescind, the transfer made by him.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 15 pars, annotation.

123 C. 625, 632, 56 P. 776 (applied to sale of goods in ware-
house — the "possession" mentioned does not necessarily nuan
actual, exclusive, manual possession — the right of possos.sion
may be transferred though property is in hands of hallee,
subject to latter's lien).

As to factor's power to pledge, see 22 Encyc. L. 848, note ."i:
also 36 A. D. 716; 58 A. D. 164; 59 A. D. 297; 70 A. D. 797; 92
A. D. 537; 95 A. D. 406; 97 A. D. 374; 42 A. S. 48.

Agent with power to ship, sell, and receive payment from
purchaser, has no power to affect property consigned to him
for those purposes by tortiously soiling it. or mortgaging or
pledging it as satisfaction or security for his own debt. The
utmost that he could do, in that respect, would be to mortgage
or pledge it to extent of any lien whicli he might have upon
it.— 19 C. 64, 76, 79 A. D. 196; 55 C. 421. 424, 36 A. R. 43; 56 C.
477. See 9 L. 270; bk. 13 L. ed. 667; bk. 30 L. ed. 573. 23
Fed. Cas. 853.



617



§ 1146 CIVIL CODE. [Div.II.PtlV.



ARTICLE III.

GIFTS.

§ 1146. Gifts defined.

§ 1147. Gifts, how made.

§ 1148. Gift not revocable.

§ 1149. Gift in view of death, what.

§ 1150. When gift presumed to be in view of death.

§ 1151. Revocation of gift in view of death.

§ 1152. Effect of will upon gift.

§ 1153. When treated as legacy.

§ 1146. GIFTS DEFINED. A gift is a transfer of personal
propertj', made voluntarily, and without consideration.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 27 pars, annotation.

83 C. 264, 265, 23 P. 369 (construed and applied);. 99 C. 17,
21, 37 A. S. 17, 33 P. 753, 754, 21 L. 474 (applied in construction^
of gifts prohibited by constitution); 121 C. 674, 678, 54 P."
267 (construed and applied in connection with other sections);
126 C. 531, 534, 59 P. 30 (construed and applied); 131 C. 64, 66,
67, 63 P. 133 (applied); 134 C. 603, 605, 65 P. 321, 66 P. 860
(applied in connection with other sections); 138 C. 169, 170,
94 A. S. 19, 71 P. 83 (construed and applied in connection with
other sections); 143 C. 528, 536, 77 P. 471 (construed and applied
in connection with other sections); 144 C. 289, 294, 296, 77 P.
945 (construed — gift by decedent of debt due him is not valid
when); 146 C. 225, 230, 79 P. 883, 2 A. C. 1001 (gift of shares
of stock, when invalid for want of delivery during lifetime of
deceased giver); 153 C. 174, 176, 94 P. 766 (what is essential to
validity of verbal gift); 3 C. A. 115, 120, 84 P. 435 (impossibility
of gift under circumstances — inadmissible evidence); 3 C. A.
213, 217, 84 P. 841 (what gift passes title to money and is not
revocable); 3 C. A. 501, 502, 86 P. 617 (doctrine of donatio
causa mortis applies only to personal property); 6 C. A. 144,
146, 91 P. 658 (construed with other sections — valid gift of
savings-bank pass-book).

GIFTS — GENERALLY.

Acceptance necessary to completion. — See 92 A. S. 321; 4
W. & P. 3084.

Between husband and wife, validity of.— See 2 L. 716; 5 L,.
579; 21 L. 623; 69 L. 355.

618



Tit.IV,ch.III,art.III.] GIFTS, GENERALLY. § ^q

By assignment of a fund or by check on bank. — St-e "6 A R
684.

By husband, whether fraudulent as against wife See M

A. S. 490.

By implication. — See 1 L. 551; 11 L. 6S4.
By promissory note. — See 26 L. 305.

Bj' wife to husband, when inferable by use by him of the
income of real property. — See 58 A. R. 261.

Causa mortis — As to generally, see Kerr's Cyc. C. C. § 1149 and
note; 10 A. C. 473; 10 A. C. 1051; 99 A. S. 890; 3 L. 230; 7 L. 439;
11 L. 684; 4 W. & P. 3087-3091.

Same — As a conditional gift. — 35 A. S. 17; 4 W. & P. 3088.
Same — By promissory note. — See 26 L. 305.

Same — Constructive delivery, sufficiency of to sustain. — See
18 L. 170.

Same — Death by existing disorder. — See 4 "W. & P. 3089.
Same — Delivered to third person constitutes a, when. — See 2
A. C. 1003.

Same — Delivery of property to third preson held insufficient
as a. — See 2 A. C. 1001.

Same — Delivery sufficient to support. — See 23 A. D. 597; 50 .\.
R. 178; 74 A. S. 442; 27 L. ed. 500; 4 W. & P. 3089.

Same — Expectation of death necessary to valid. — See 74
A. S. 442; 4 W. & P. 3090.

Same — Intention to make. — See 54 A. R. 819; 4 W. & P. 3090.
Same — Gift inter vivos distinguished. — See 27 L. 507: 4 W.
& P. 3090.

Same — Gift of check as a valid. — See 10 A. C. 475.
Same — Legacy distinguished. — See 56 A. R. 543; 27 L. ed. 500;
4 W. & P. 3091.

Same — Necessity of delivering, to validity of. — See 2 A. C. 1001.
Same — Of money deposited in .savings bank. — See 26 A. R. 684;
48 A. R. 506.

Same — Of notes and choses in action payable to ord - - ■-' -^
23 A. D. 600; 25 A. D. 389.

Same — Requisites of. — See 6 L. 367.

Same — Revocation of. — See Kerr's Cyc. C. C. 5 1151 and note.
Same — What is. — See 11 L. 684.

Character of presumption as to undue influence in gift to
mistress. — See 11 L. N. S. 554.

Conveyance which must be regarded as. — See 65 A. S. 79S.
Definition of. — See 6 L. 403; 4 W. & P. 3084.

Degree of proof necessary to establish parol gift of real
estate. — See 9 L. N. S. 508.

Delivery necessary to validity of. — See 9 A. S. 83; 15 A. S.
531; 17 A. S. 638; 92 A. S. 231; 93 A. S. 827; 1 L. 535; 6 L. 403;
11 L. 684; 18 L. 170; 56 L. 596; 4 W. & P. 3085.
Delivery sufficient to support. — See 50 A. R, 178,

619



§ 1146 CIVIL CODE. [Div.II.Pt.IV.

Deposit in bank for otlier person as a. — See 1 L. N. S. 790.

Deposit in bank, when amounts to. — See 23 A. R. 451.

Deposit in joint name as gift to co-depositor. — See 12 L. N. S.
355.

Disting-uislied from advancement. — See 12 L. 567.

Effect of mere agreement to make. — See 11 L. 685.

Effect of mere intention to make. — See 11 L. 685.

Effect of receipt of gratuity to mitigate damages for personal
injury. — See 67 L. 90.

Forfeiture of. — See 13 L. 698.

Fraud and undue influence — As to generally, see Kerr's Cyc.
C. C. §§ 1709, 1710 and notes.

Gift of or by deposit, as to generally. — See 1 L. 536; 5 L. 72;

5 L. 405; 6 L. 405; 11 L. 685.

Gift to wife before and in consideration of marriage — Mis-
conduct of as affecting. — See 6 L. N. S. 785.

Intent to make a gift necessary to validity. — See 94 A. S.
19; 1 L. 535; 4 W. & P. 3087.

Inter vivos — As to generally, see 3 A. C. 863; 4 A. C. 529; 6 A.
C. 430.

Same — By promissory note. — See 26 L. 305.

Same — Complete execution by deposit of money in bank to
credit of another. — See 3 A. C. 865.

Same — Revocability of completed, by parent to child. — See

6 A. C. 432.

Same — What constitutes. — See 6 L. 515.

Kinds of. — See 4 W. & P. 3084.

No particular formula or set phrase is necessary. — See 73
C. 614; 15 P. 354, 355.

Of check, as to generally. — See 18 L. 855.

Of choses in action. — See 11 L. 686.

Of corporate stocks, necessity of writing. — See 2 L. N. S. 806.

Of deposit of money in the bank in the name of another. — See
39 A. R. 310.

Of husband's personal property in fraud of wife. — See 3 L. N.
S. 774.

Of real property — As basis of adverse possession. — See 35 L.
835.

Same — By parol. — See 67 L. 461.

Same — -Right in respect to compensation for improvements on
land, made in good faith, under a parol contract or gift. — See
53 L. 337.

Same — Specific performance of parol. — See 5 L. 327.

Parol gift of land — Degree of proof necessary to establish. —
See 9 L. N. S. 508.

Power of municipality to donate property for worthy purpose.
— See 11 L. 124.

Povi^er to sell as authorizing gift. — See 3 L. 754.

620



TitlV.ch.III.art.III.] HOW MADE. §§1147,1148

Right of married woman to make gift of personal property
without consent of liusband. — See 3 L. N. S. 769.

Revocability of. — See 11 L. 687; 2 L. N. S. 28.'..

Specific performance of. — See 23 A. D. 429.

Subsequent lunacy of donor as affecting, incoinpi. t.-. — S.-e 34
L. 297.

To a class, who entitled to take. — See 73 A. S. 413.

What necessary to complete. — See 5 L. 71; 6 L. 367.

§ 1147. GIFT, HOAV MADE. A verbal gift is not valid.
unless the means of obtaining possession and control of the



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