IN SEARCH OF A HORSE. 363 



There is a very strong case upon the subject of 

 hereditary disease, in 1 Ryan and Moody, 136 ; it is 

 the case of Joliff v. Baudell. The following is a 

 marginal note of it : — 



Certain sheep, apparently healthy and sound in 

 every respect, were sold, warranted sound ; two 

 months afterwards, great part of them died. There 

 was nothing to connect the disease of which they 

 died with their previous condition, but it was, in the 

 opinion of farmers and breeders, an hereditary dis- 

 ease, called the goggles, and incapable of discovery, 

 until its fatal appearance. It was held that this 

 disease was an unsoundness existing at the time of 

 the sale, the jury being of opinion, that " it existed 

 in the constitution of the sheep at that time." 



The case of hereditary disease is at all times diffi- 

 cult to prove, as it rarely happens that a purchaser 

 can trace with accuracy the diseases of the breed, 

 though he may be at no loss to prove the pedigree of 

 his horse. 



Where, however, the proof of both is accessible, it 

 seems clear that a constitutional taint is unsound- 

 ness ; though it may not show itself till the offspring 

 arrive at a certain age. We know by daily expe- 



