Painter v. McGaha

McGaha brought trover against Painter, in the city court of Dalton, to recover possession of a horse. The jury found a verdict for the plaintiff, and the defendant’s motion for a new trial was overruled. The facts in the .case, which are not controverted, briefly stated, are as follows: McGaha and Painter swapped horses, McGaha relying upon Painter’s statement that the title to his horse was free from any lien or incumbrance. Soon after the exchange was made, the horse which Painter had swapped to McGaha was levied upon under a’ mortgage fi. fa. against Painter, and seized and sold…