Wing v. Merchant

Appleton, C. J.

I concur in the opinion. Delivery is essential to pass the title to a chattel by gift; but if, at the time, the donee is in possession, as the donor’s agent, he need not surrender it for a redelivery ; if the donor relinquishes all dominion and control, and recognizes the donee’s possession as being in his own right, and the donee so accepts and releases possession with the donor’s consent, it is sufficient. Tenbrook v. Brown, 17 Ind. 410.