Dancey v. Sugg

Citations

• 46 Miss. 606

Syllabus

<p>1. Evidence — execution oe instbument — bbooe oe signatube oe one oe two makebs sueeicient to admit it. — Proof of the signature of one of two makers of a bill of sale of a slave is sufficient proof of its execution to entitle it to be read in evidence.</p> <p>2. Wheee a pbomissobv note was given to diet a dbaet, eailube oe considebation oe the dbaet is admissible in an action on the note.— The purchaser of a slave, warranted to be sound, who gave his time draft in payment, which was accepted but not paid, and afterward took up the draft by giving a promissory note for principal and interest of the debt, is entitled, when sued on the note, to defend on the ground of a breach of the warranty o the soundness of the slave, and is not precluded by having given a note for the draft.</p>