O'Brien v. Ellarbee

O’Brien sued out an attachment for purchase-money, which was levied upon a certain horse described in the attachment. Before the suit upon the attachment was tried O’Brien died, and his executrix, Mrs. Jessie M. O’Brien, was made party plaintiff in his stead. The defendant filed a plea that the horse was worthless, and that, relying upon false and fraudulent representations of the plaintiff, he had been defrauded into giving a check for $100, which represented a part of the purchase-price of the second horse. By amendment he alleged that the deceased vendor represented that the horse, for…