Kempt v. Kelly , 1 Gunby 65 ( 1885 )

Farmer, J.

Where one party delivers a mule to another to keep for him for its feed, and the latter party wrongfully sell's the mule, held : The action to recover the value of the mule is not for a tort, but for an active breach of contract, and is prescriptible only by ten years. The action for property wrongfully taken is barred by one year; 21 An. 492; but in the present case the party rightfully had possession of the property and his acts were like those of an unfaithful agent or depositary.