Garland v. Isbell

The action was trover by J. E. D. Isbell against N. L. Garland to recover a horse of the value of two hundred dollars. It appeared from the evidence that the horse belonged to one Swilling, and was the prize in a “raffle” or lottery to which the owner had sold chances. Just before the drawing Swilling placed the horse in the livery-stable of the defendant. A drawing was had under the supervision of Swilling, and the plaintiff drew the prize. Some question was raised as to the fairness of the drawing, and another drawing was immediately had, in which the defendant drew the prize. The plaintiff…