Foster v. Wooten
Mississippi Supreme Court
From the circuit court of De Soto county. Hon. W. M. Rogers, Judge. In the latter part of 1888, L. D. Lewis and A. F. Foster jointly purchased on speculation a lot of Texas horses. Being unable to sell the horses, they took them to the place of H. W. Foster, mother of A. F. Foster, where they were kept for some time. On Friday, December 7, 1888, by agreement, the horses were divided, Lewis taking seven and A. F. Foster ten.
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From the circuit court of De Soto county. Hon. W. M. Rogers, Judge. In the latter part of 1888, L. D. Lewis and A. F. Foster jointly purchased on speculation a lot of Texas horses. Being unable to sell the horses, they took them to the place of H. W. Foster, mother of A. F. Foster, where they were kept for some time. On Friday, December 7, 1888, by agreement, the horses were divided, Lewis taking seven and A. F. Foster ten. Thereupon, on the same day, Lewis sold his horses to A. F. Foster for $280, of which amount $20 was paid in cash, this being all the money Foster had. The horses were…
1Opinion of the CourtWoods, C. J.
The evidence showed quite clearly that the sale of the stock by L. D. Lewis to A. F. Foster, occurred on Friday. The execution of the bill of sale on the Sunday following was not the consummation of the sale : it was only the manufacture of the evidence of the antecedent sale. If we shall concede, however, that this sale took place on Sunday, we will still be constrained to hold that the third instruction for the plaintiff in attachment was improperly given. Any charge to the jury, considered as a mere abstract proposition, could not rightfully influence the verdict, looking at the…
2Cases cited1 opinion
- Block v. McMurryMississippi Supreme Court · 1878
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