Fudge v. Kelly

This case has been here twice before. See Kelly v. Fudge, 2 Ga. App. 759 (59 S. E. 19), Fudge v. Kelly, 4 Ga. App. 630 (62 S. E. 96). It will be seen, by reference to the previous decisions in the case, that Fudge and Kelly swapped horses, and that Kelly claimed that Fudge committed a fraud on him by swapping him a horse which was subject to an execution, under which it was subsequently seized. From the opinion of this court, reported in 4 Ga. App. 631, it appears that the case was sent back because it did not affirmatively appear from the record that the process under which the horse had…