Havey v. Petrie

The only question in the case is whether the court erred in holding that the plaintiff was not entitled to replevy his horse without returning the *192sum of $10, which was in part the consideration for his horse. In my opinion, it depends on whether the contract —involving, as it did, the sale of a horse having the glanders, which is made a penal offense — was void, or whether it was merely voidable. 3 How. Stat. § 313 6v, prohibits and makes penal the sale of a horse known to have the glanders. It does not state that the contract of sale would be void, but it needs no argument to show that such…