Whitmire v. . Heath

Tbis action was brought to recover the amount of certain notes given to the defendant for the price of a horse and other articles of personal property, and secured by a mortgage upon the property sold. The defendant, in his answer, alleged that the plaintiff, at the time he sold the horse to him, had made false, fraudulent and deceitful representations as to his age and qualities, stating that the horse was seven years old, when he was much older, and that he was sound and in good condition, except that he had distemper, but was better, though he still had a little of it. There was evidence…