Supreme Court of Georgia September 15, 1880 (Welborn v. Shirly)

Hawicins, Justice.

The plaintiff in error sued out a possessory warrant against Shirly, the defendant in error, for the possession of a certain mule alleged to have gone into the possession of Shirly by fraud.

On the trial of the cause the evidence was about as follows : Welborn was passing from near Toccoa to Rabun county, when about night Shirly overtook him and proposed to swap for his mule.