Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1878-02-14
The Title to Property by Gift.

Some yesrs ago james Jones, Of
B,scobel, bought piano. Last
year gentleman had a Judgment
against Mr.. Jones. The execution
was put into the hands of Deputy
Sheriff J. p. Willis. He levied up.
on this piano. Lucy Jones, an
adopted daughter of Mr.. Jones, and
whose homs was with him, brought
40 a,ti,n of replevin to recover the
piano, claiming it as her property by
gilt from Mr.. Jones. The case was
tried before the Circuit Court last
week and argued by Msssrs. John
&. Clark and A. r. Bushnell for
Lucy Jones and by Messrs. Alex
Provis aod George Clementson for
Sheriff Willis. So much we state as
preliminary in order that the fol-
lowing instructions given to the jury
by Judge Cothren may be under
stood. Whether person can have
legal title to property in their po-
session by gift, as against claims of
creditors Of the donor, is a question
not settled by the public generally.
Judge Cotbren very clearly express.
81 the law 50 in favor of title by gift,
nuder the proper qualifications. His
INSTRUCTIONS to the Jury were as fol.
lows:
To cattle the plaintiff 10 recover she must
establish that she was either the general or
special owner Of the property and entitled to
the possession Of the same at the time of COM
meneement Of the action.
IT she falls in establishing this her action
fails.
II the property wa, the property of Mrs.
Jones the plaintiff cannot recover.
II the property was the property of James
Jones she cannot recover.
1.-THE property belonged TO The plaintiff she
ought 10 recover.
The title OF property may be passed as well
by gift az by purchase. To constitute YER.
bal gift valid as against creditors the proper.
ty must DC actually delivered, ii capable of
delivery. Without actual delivery, If the
property be capable Of delivery, the title
does not pass. This piano is an article capa-
bic Of delivery and to pass the title Of it by
gift, actual delivery must have been made. A
mere intention or naked promise TO give with
out some act 10 pass the property, does not
constitute gift. So long as the property al
Legged to have been given remains in the po-
session of the giver the gift is recoverable
and may be sold by the one proposing 70 give
or may be taken upon legal process against
the proposed giver.
The donor must part not only with the pos
session but with the dominion or control of
the property in order to pass the title by gift.
Upon the subject of what acts constitute
an actual delivery 10 an infant member Of the
donors family, of cumbrous article like a
piano, sm not aware that there is any set
tied rule. The act must be one that is real
is certain--ls lnequivocal, evincing an inten-
ton upon the part of the giver 10 part with
sil interest in the subject of The gilt forever
and under all circumstances, even though the
donee should outrage the family relationship
By improper conduct, by leaving the donors
house, by forming an unsatisfactory alliance,
By On elopement or any kind Of ingratitude.
The intention is easily evinced IN many
ways. the most common Of which Is IN pur-
chasing such an article as q gift,to take bill
Of sale 10 the name of the donee, and deliver
Il with the gift or place il in the hands OF d
disinterested person as . protection 10 the
donee. This Formally is not necessary, but
such formality al indicates an unequivocai
intention to bestow the article ought to be OBJ
served. Iu this the Jury must judge iron,
the evideacs of Jones' intention in calling
shs article the plaintiffs, The act Of gilt
and delivery ought TO be so unequiyocal that
other members Of the family shall not be able
10 tbs same way to claim the same article as
theirs upon the same ground-that he same
donor gave it TO them.
The judgment of the jury was
given in favor Vi the plaintiff, Lucy
Jones.