Irons v. Smallpiece case brief

Irons v. Smallpiece
FACTS
-Irons (son) sued Smallpiece (father) for 2 colts. (Trover)-A verbal gift of colts was made to the Plaintiff 12 months before father’s death. The colts remained in possession of father until death.
-6 months before death, the son went to market to get hay, which was expensive.
-The son mentioned the situation to his father.
-The father agreed to furnish hay to colts. None was furnished until 3-4 days before death.

ISSUE
Did the verbal promise of a gift transfer ownership of the colts to Irons?

HOLDING
No, the verbal promise did not transfer ownership.
RULES
-As there was no actual delivery, it was not a valid gift.
-In order to change the property by a gift of this description, there must be a chance of possession: [A] here there has been no change of possession.
APPLICATION
The property in the colts did not pass to the son by the verbal gift.
Causa mortis: gifts in contemplation of death. Requires in addition to delivery that the donor die after making the gift (if donor recovers, gift is nullified).