Pohl v. Fulton

Citations

• 86 Kan. 14
• 119 P. 716
• 1911 Kan. LEXIS 171

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pleadings — Amendment after Verdict. Where, without undue advantage being taken, the issues presented by the pleadings are substantially enlarged at the trial and as enlarged are fully tried and duly submitted to the jury, It is not prejudicial error to permit the pleadings to be amended after verdict to conform to the proof.</p> <p>2. Gift — Acceptance—Feeble-minded Donee. The law presumes ■ the acceptance of a beneficial gift by one who, because of his feebleness of mind, is incapable of accepting it.</p> <p>3. -Delivery — Donor as Trustee. The requirement of delivery is satisfied by the donor, who retains possession, constituting himself a trustee of the gift for the benefit of the donee.</p> <p>4. -Evidence. The evidence considered and held sufficient to show a completed gift.</p>