Welborn v. Shirly

Hawicins, Justice.

The plaintiff in error sued out a possessory warrant against Shirly, the defendant in error, for the possession of a certain mule alleged to have gone into the possession of Shirly by fraud.

On the trial of the cause the evidence was about as follows : Welborn was passing from near Toccoa to Rabun county, when about night Shirly overtook him and proposed to swap for his mule. Welborn’s son went over to Shirly’s house to look at Shirly’s horse, and told his father he thought it would do to swap. Shirly told plaintiff that his horse was only eleven years old. Plaintiff said if…