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Abel E Evans
Vs
Jos T Evans

This cause came on to be heard
at the August Term 1848 of the 13th Chancery District
of the So Division, on the Bill answers and proofs
and by consent of parties was held under advisement
for a decree in vacation to be rendered as of the
Term when the cause was heard -

I had little difficulty in my own mind when
the case was argued, but as the question present was
to some extent a new one in this Stae, and was argued
with great zeal and earnestness for the complainant,
I desired to refresh my convictions upon the point of the Law
involved by a careful reference to the authorities.
This I have endeavored to do by a very careful examination
of nearly every case to which I could find any
reference, and without burthening this opinion with
a citation of all of them, I shall now proceed briefly
to state the result.

Looking to the Bill and the
testimony taken to sustain it, and I think it can
fairly and justly be regarded merely as an effort
by a creditor of the [Denu?] of the Land to perfect a
hard gift of it to voluntier throught the instrumentality
of a Court of Chancery. That Thomas Evans the father
of Carrie Evans gave the land in controversy to the
latter, or at least designed to do so is I think clearly
established byt that there was nay deed or other
instrument valid in Law as a conveyance of the legal
estate I think the evidence is wholly insufficient to
show. If the Bill be critically examined it will be
found to be very vaguely, if not timidly, worded on
this point. It does not positively {aver} that thee was
a deed of Gift - but speaks of a deed or other instrument,
and shows I think very clearly that the complaintant
himself was not prepared to rest his case upon
the faction of a Deed by the father to the son. There
as to the testimony, there is no witness who proves that
any deed or memorandum of the gift that could
bind or effect the Evanse, was ever made, except the
evicence of Daniel Cook whose testimony on this point
is clearly incompetent since it is certain that neither