Wilkins v. Wilson

Citations

• 15 Del. 404

Syllabus

<p>Infant.—A minor son, who has been emancipated by his father, may acquire property in his own name; and may, through suit by his next friend, secure the process of the courts to support his title thereto.</p> <p>Kepl-win.—In an action of replevin, if the plaintift fails to show title in himself, he is not entitled to recover; it is immaterial whether the defendant has or has not any title.</p> <p>Gift. Delivery. Infant ,—When the question involves the title to a horse, alleged to have been given by a father to his son, for a consideration, and there was no actual delivery of the property by the father to the son, in the former’s lifetime, yet if the jury believe from the evidence that the title to the same passed to the son under an agreement, the father relinquishing all rights thereto, the plaintiff would be entitled to recover, the suit being between original parties and no in fraud of creditors.</p> <p>Same.—If the agreement between the father and the son be executory, and there was no actual delivery of the property to the son, and no passing of the title to him during the lifetime of the father, the jury should find for the defendant.</p> <p>Gift. Delivery.—The title in a gift cannot pass either before or after the donor’s death unless there is an actual delivery.</p>