Hatcher v. Bagwell

Citations

• 111 Miss. 766
• 72 So. 193

Syllabus

<p>1. Exchange oe Property. Personalty. Remedies.</p> <p>Where defendant swapped a mule against which there was a title note to plaintiff for a mare and afterwards the holder of the. title note recovered possession of the mule, in such case the plaintiff was entitled to recover back his mare. In a horse trade of this kind there is, of course, a warranty of the titles to the animals, and when either title fails, the other party is entitled to a return of his animal because of the total failure of consideration.</p> <p>2., Same.</p> <p>In such case there was no waiver of the title by the appellant, because he declined to trade back and insisted that the title to the mule be made good.</p>