(DOWNLOAD) "Collier v. State" by Mississippi Supreme Court * eBook PDF Kindle ePub Free

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eBook details

• Title: Collier v. State
• Author : Mississippi Supreme Court
• Release Date : January 14, 1998
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

Claim and Delivery — Demand, When Necessary, When not — Husband and Wife — Bailment — Statute of Limitations. Contracts — Courts must Enforce Despite Bad Bargain. 1. It is the duty of the court to enforce a contract, even though the complaining party may have made a bad bargain. Husband and Wife — Separation — Division of Property — Retention of Personal Property of Husband by Wife — Bailment. 2. Where under a separation agreement the wife accepted certain real property in full satisfaction of her rights in the property of the husband, and the latter granted her permission to use household furniture owned by him until he should want it, the transaction constituted a bailment for the benefit of the wife for an indefinite period — a loan within the meaning of section 7702, Revised Codes of 1921. Bailment — Contract may be Express or Implied. 3. The contract of bailment may be either express or implied, and the promise by the bailee to return the property may be implied from the acceptance and use of it. Statute of Limitation — Begins to Run, When. 4. The rule that the statute of limitations begins to run only when the cause of action accrues applies to all actions. Cause of Action — Definition. 5. A cause of action is the right which a party has to institute a judicial proceeding and consists of a union of the plaintiffs primary right and an infringement of it by the defendant. Claim and Delivery — When Demand Necessary to Right to Maintain Action — When not. 6. While a demand for property acquired wrongfully is not necessary in order to enable the owner to maintain an action in claim and delivery for its possession, where the defendant lawfully acquired possession, a demand is essential and a condition precedent to his right to sue. Bailment — When Bailee cannot Repudiate Bailors Title. 7. So long as the relationship of bailor and bailee exists, the bailee is not permitted to repudiate the bailors title. Page 39

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