Dunn v. Beasley

1. Where two persons swap horses, in order for one of them to repudiate the contract as void on the ground of fraud perpetrated by the other, and to employ the action of trover to recover the horse which he has given in exchange, the fraud must be actual. Barnett v. Spier, 93 Ga. 762 (21 S. E. 168).(a) The ruling actually made in Newman v. Claflin, 107 Ga. 89 (32 S. E. 943), in view of the facts involved in the case, is not in conflict with the statement of the principle above announced.

2. This was an action of trover for the recovery of a horse. On the trial it appeared that the plaintiff…