Prater v. Painter

Painter sued Prater in trover for a horse. It appears that on the day before the suit was brought the plaintiff’s uncle, who was his authorized agent, swapped the horse to one McGaha, taking another horse in exchange. When the trade had been consummated an execution against the plaintiff’s uncle (the agent) was levied upon the horse in dispute while in McGaha’s possession, and the latter immediately demanded back from the unde the other horse, claiming that he had represented to him in the trade that there were no liens or incumbrances against the horse, and that the levy of the execution…