Nelson v. Iverson

Citations

• 17 Ala. 216

Syllabus

<p>1. Proof of a fact, tending to show a moral consideration for a gift, is not irrelevant, especially when it is attempted to be shown by the opposite party that declarations of the alleged donor, by which the gift is sought' to be established, were made in jest.</p> <p>2. Where the object is to impeach a witness by showing that he has made declarations inconsistent with his testimony, it is not necessary, in laying the predicate, that the language used.by the witness should be stated, but the substance of what he is supposed to have said is all that is required.</p> <p>3. The declarations of a party in possession are admissible as a part of the res gesiee to prove the character of his possession, as that he claims the property as his own, or holds it in subordination to the claim of another, but not to show that he had not given it to a third person, or that what he said about such gift was in jest, or that he only loaned it.</p> <p>4. If a bailee, asserting no title in himself, in good faith restores the property to the bailor in accordance with the express or implied terms of the bailment, before he is notified that the true owner will look to him for it, no aetion can be maintained against him either for the property or its value.</p>