The case of "Gilbert v. McSpadden et al." involved a dispute over two tracts of land that Tom Gilbert conveyed to his children through separate deeds, citing love and affection as consideration. Gilbert intended to deliver the deeds to his daughter but died before doing so. His children found the deeds and claimed ownership of the land. The administratrix of Gilbert's estate argued that the deeds were never properly delivered and that the land still belonged to the estate.

The Court of Civil Appeals of Texas in Waco heard the case and ruled that a deed only becomes effective upon delivery, which requires an intention on the part of the grantor that the deed shall presently become operative and effective. Delivery may be by words or acts, but it is essential that the grantor parts with possession and control of the deed for the benefit of the grantee at the time of delivery. If the grantor retains possession and control of the deed without evidence of an intention that it should presently become effective, there is no delivery and the conveyance is not valid. In this case, the grantor did not evidence an intention that the deed should presently become effective, and therefore, there was no delivery to validate the conveyance.

The judgment was reversed, and the case was sent back to the trial court with instructions to determine the amount of rents due to the administratrix and to render judgment in her favor for the title and possession of the land, along with the rents. However, the judgment should not prevent the appellees, who are heirs or devisees of Tom Gilbert, from recovering the land or any remaining portion of it after the estate has been fully administered.