Boyd v. Day

JUDGE WILLIAMS

delivered the opinion of the court:

In the sale of the,horse by Boyd to Day & Gorrell, there was a general warranty of title, and a special guaranty that they would not be disturbed in his possession, by the military authorities of the United States, because of a brand upon the shoulders. Day & Gorrell, having' sold tbe horse, soon thereafter, some soldiers took *618both, the horse and purchaser to their camp, where the horse was retained by the officer in command, but the purchaser was released from arrest.

Day & .Gorrell refunded the purchase price to their vendee; but whether this…