Johnston v. Standard Oil Co.

Citations

• 71 Miss. 397

Syllabus

<p>1. Sale. Possession retained. Executory agreement. No title passes.</p> <p>Where one executes to a creditor a bill of sale for a.liorse, the instrument not being recorded, and the debtor retains possession under an agreement that he is to sell the horse when and upon such terms as he may¡ and account to the creditor for the proceeds, which are to be applied in payment of his debt, there is no valid sale, and the horse remains his property and subject to execution in favor of other creditors.</p> <p>2. Claimant’s Issue. Judgment. Value at time of trial.</p> <p>Judgment in favor of a successful plaintiff in a claimant’s issue should be for the value of the property at the time of trial, not at the time it was received by the claimant. Selser v. Ferriday, 13 Smed. & M., (¡98.</p> <p>8. Same. Recovery in (’..tress of original judgment.</p> <p>The recover}' of a successful plaintiff in a claimant’s issue is not invalid because it exceeds the amount of the original judgment, with interest and costs. Payment of such amount will be satisfaction, and the court, on motion, will protect the claimant as against any excess.</p>