Foster v. Wooten

Citations

• 67 Miss. 540

Syllabus

<p>1. Sale. Personal property. Bill of sale executed on Sunday.</p> <p>The execution on Sunday of a bill of sale of personal property, in pursuance of a sale made on Friday, does not affect the validity of the sale.</p> <p>2. Same. Sunday. Executed contract. In pari delicto.</p> <p>In such case, the property being delivered, a creditor of the seller cannot, by attachment, afterwards subject the property to his debt upon the ground that, the sale being a Sunday contract, the title did not pass to the purchaser. Granting this to be a Sunday contract, it being executed, the law in such cases is absolute non-action. Bloch v. McMurry, 56 Miss. 217.</p> <p>3. Animals. Death of pending litigation.</p> <p>A claimant bonding animals attached, who is without fault, is not liable for the death of the same pending the litigation.</p>