It seems that a deed of conveyance made on Sunday transfers title, but if possession has not been delivered to the grantee, he cannot have the aid of the court and his theoretical title is worthless; 28 but if possession is delivered, the grantee's right
Min. Co., 5 S. Dak. 299, 58 N. W. 797; Troewert v. Decker, 51 Wis. 46, 8 N. W. 26, 37 Am. Rep. 808.
23 Kinney v. McDermot, 55 Iowa, 674, N. W. 656, 39 Am. Rep. 191. In this case the defendant had, in the absence of the plaintiff, on a week day, returned to the plaintiff's stable a horse which he had received on a Sunday in exchange for a horse of his own. This latter horse the defendant took from the plaintiff's stable when he returned the horse he had received. The plaintiff was allowed to maintain replevin for the horse taken, leaving the plaintiff in possession of both horses.
See also Thompson v. Williams, 58 N. H. 248.
24See Wadsworth v. Dunnam, 117 Ala. 661, 23 So. 699; Stewart v. Thayer, 168 Mass. 519, 47 N. £. 420, 60 Am. St. Rep. 407; Foreman v. Ahl. 55 Pa. St. 325.
25 Blase v. Anderson, 57 Ark. 483, 22 S. W. 94; Greene c. Godfrey, 44 Me. 25; Foster v. Wooten, 67 Miss. 540, 7 So. 501; Chestnut v. Harbaugh, 78 Pa. St. 473.
26Horton v. Buffinton, 105 Mass. 399.
27 See Tucker v. West, 29 Ark. 386.
28 See Williams v. Armstrong, 130 cannot be disturbed.29 In either case, the executory covenants in the deed are ineffectual.
The validity of an assignment of a chose in action, made on Sunday depends on the same principles.30 A release of damages for personal injury delivered on Sunday for which consideration was paid on that day discharges the right of action.30a An indorsement is both a transfer and an obligation. If made on Sunday, it seems that the transfer is effectual, so that the indorsee can sue parties prior to the illegal indorser,31but as an obligation, the indorsement is unen.forceable by a party having guilty knowledge.32