1885.] LEGAL. 207 



Nuns, Aldgate, to recover £14 for four cubic loads of hornbeam 

 timber, at £3, 10s. per load. The plaintil'i's solicitor stated how 

 two van loads of timber were personally ordered by Mr. Deputy 

 East of the plaintiff in November last. The timber was duly sent, 

 and tlie delivery note signed by defendant's clerk. He did not 

 know what the defence was, unless it was that contained in a letter 

 written by tlie defendant, saying that the timber was not clean and 

 the (|uantity greater than he ordered. The defendant inspected the 

 timber, and no warranty was given. Defendant said only two loads 

 were ordered, whereas he was instructed tliat two van loads were 

 ordered, which would amount to four cubic loads. 



The plaintiff, in the course of his e^■idence, said that the defendant 

 admitted that he did not know much about dealing in timber, but 

 he had been travelling through Belgium the previous year, and had 

 purchased two cargoes of hornbeam timber as a speculation, and had 

 the timber sent to England and landed on the river Wve — CMr. 

 Deputy East: Eiver Exe) — and that the speculation had turned 

 out so well that he had made sufficient profit to pay all expenses of 

 the tour and to leave a margin besides. Defendant further said 

 that he believed he knew persons to whom he could dispose of some 

 of the timber witness had in store. 



After hearing a number of witnesses in evidence, the Judge 

 observed that by clean hornbeam, was meant straight timber free 

 from knots. The timber in question seemed to have been full of 

 knots and crooked. His Honour reserved his decision. 



HIGHLAND BIGHT OF WAY CASE. 



John Malcolm v. Thomas Lloyd. 



THE trial of this action before Lord Kinnear and a jury, in the 

 Court of Session, Edinburgh, which has lasted three days, 

 was concluded on the 18th June. The pursuer, the proprietor of 

 Portalloch, Argyleshire, sought declarator of servitude of a right of 

 way against Thomas Lloyd, heritable proprietor of the estate of 

 Minard. The pursuer is proprietor of the farm of Achaleek, and 

 the issues submitted to the jury were : — (1) Whether for forty years 

 prior to 7th January 1885, or for time immemorial, the pursuer 

 and his predecessors and authors have possessed for all purposes a 

 road leading in a south-easterly direction from the farm of Achaleek 

 through the lands of Minard, belonoing to the defender, to the 

 public road leading along Loch Fyne side, and which road prior to 

 the vear 185-1 ran in or near the Black Mill Loch, and thereafter 



