s turned over. Testimony touching the motives, inducements, or reasons for the donor turning the property to the donee, rather than the heirs is pertinent to the issues. Gilham v. French, 6 Colo. 196, 23 Pac. St. Rep. 196; Nichols Applied Evidence, Vol. 3, p. 2383; and is admissible for the purpose of sustaining the probability that the gift was in fact made. 38 C.J.S., Gifts, § 66, p. 867, Sando v. Smith, 237 Ill. App. 570; 28 C.J. 674, and note 96. The relation of the parties, the situation then existing, and the circumstances under which the gift was made, including the donor's previous life, habits and relations to others, as well as the condition of the donor at the time of the gift may be considered by the court; Russell v. Langford, 135 Cal. 356, 67 P. 331; so too evidence of friendly or affectionate relations between the parties, Young v. Anthony, 119 A.D. 612, 104 N.Y.S. 87; Smith v. Maine, 25 Barb., N.Y. 33; Rhodes v. Childs, 64 Pa. 18; that the parties had resided together, Currie v. Langston, 92 Mont. 570, 16 P.2d 708; and that the donee had rendered service to the donor, Young v. Anthony, supra; 38 C.J.S., Gifts, § 66, p. 868; 28 C.J. 674; is admissible on the question of motive and intent. To show the attitude of other courts toward the question, we quote from Currie v. Langston, supra [ 92 Mont. 570, 16 P.2d 711]:
Generally, in civil actions courts have allowed one party to cross-examine an opponent's witness concerning a pending civil suit involving the same subject matter. Kunz v. Munzlinger, Mo.Sup., 242 S.W.2d 536; Ellsworth v. Ellsworth, Tex. Civ.App., 151 S.W.2d 628; Currie v. Langston, 92 Mont. 570, 16 P.2d 708; Timm v. Schneider, 203 Minn. 1, 279 N.W. 754. Sometimes interest has been permitted to be shown by asking about pending suits which a witness has growing out of the same accident, but refusal to allow inquiry concerning the nature of the injuries sued for or the amount of damages sought, has been said to be no abuse of discretion. Eden v. Klaas, 166 Neb. 354, 89 N.W.2d 74. Cross-examination of a witness as to claims which might be asserted if the party for whom he was testifying prevailed has also been permitted for the purpose of showing bias and prejudice. Poore v. Boston Main Railroad, 77 N.H. 595, 90 A. 791; Ferguson Seed Farms, Inc. v. McMillan, Tex.Com.App., 18 S.W.2d 595, 63 A.L.R. 1009.
[4] This court under similar fact situations has held that the burden of establishing the gift rested with the donee. Currie v. Langston, 92 Mont. 570, 16 P.2d 708; In re Brown's Estate, 122 Mont. 451, 206 P.2d 816; Lyons v. Freshman, 124 Mont. 485, 226 P.2d 775, 23 A.L.R.2d 1165. [5] Recently this court in Marans v. Newland, 141 Mont. 32, 374 P.2d 721, carefully considered a fact situation concerning stock gifts, citing the above cases as part of its authority, however the quantum of proof in the Maran's case is lacking here. For here, in addition to the stock certificates in the strong box, were other family business papers that defendant makes no claim to. Here the stock certificates remain in the name of Anne G. Bodine as Trustee for Richard A. Bodine, the certificates allegedly are or were still in the family strong box. There has been no endorsement or assignment nor did the defendant explain why he had made no effort to get same transferred into his name.
Respondent raises the doubt that appellant failed properly to [6] plead his right or justification in taking the sheep, and therefore the court cannot properly go into the matters just disposed of. To answer this we must say that appellant, under his plea of general denial, could properly prove that he, and not respondent, was entitled to the immediate possession of the property alleged to have been converted. ( Currie v. Langston, 92 Mont. 570, 16 P.2d 708.) Under our view, appellant proved all that was necessary for him to prove, to-wit: that he was not a naked trespasser but a claimant with a valid and legal right in seizing the sheep. Appellant's motion for a directed verdict should have been granted.