Lyman v. Goll

Citations

• 111 Kan. 530
• 207 P. 817
• 1922 Kan. LEXIS 288

Syllabus

<p>SYLLABUS BY THE COUET.</p> <p>1. Gifts — What Constitutes a Completed Gift of Property. A gift of property including a chattel mortgage interest in an automobile may be made where there is a delivery of the same by the donor and an acceptance by the donee with the intention to make a transfer of ownership to take immediate effect.</p> <p>2. Same — Gift of note and Chattel Mortgage Completed by Delivery. The recording of a release of a chattel mortgage is not essential to a completed gift where there is a delivery of the note and mortgage with the donative intention to transfer immediately the interest or property to the donor and vest the control and dominion of it in the donee.</p> <p>3. Replevin — Evidence—Transactions With Persons Since Deceased — Competent Witness. In a replevin action where one who was named as a defendant disclaims interest in the property involved in the action and the trial proceeds against the remaining defendant, the disclaiming defendant is not barred from testifying as to transactions or communications with a deceased person represented by the plaintiff.</p> <p>4. Findings — Consistent With Verdict. Special findings examined and held not to be inconsistent with the general verdict or to require the entry of judgment for the plaintiff.</p>