856 THE ADVENTURES OF A GENTLEMAN 



of disease is not unsoundness, though the disease 

 when produced by that cause, is so. With due re- 

 spect to the learned judge, I cannot feel the distinc- 

 tion to be just. 



In Bywater v. Richardson, 1 Adolphus and Ellis, 

 508, hereafter quoted, inflammation of the navicular 

 joint is held to be unsoundness, and justly so. I have 

 had one horse thus affected that has recovered, and 

 been free from lameness for nearly eight months ; 

 but I believe that perfect recovery is rare. 



These are all the cases of unsoundness on which I 

 can find that the courts have, directly or indirectly, 

 given an opinion. But if I am right in my concep- 

 tion of unsoundness, that all incapacitating injury or 

 defect, having reference to the duties for which the 

 horse is avowedly purchased, amount to unsoundness, 

 I think that all the following cases come under that 

 description : — 



Lameness, whether chronic or accidental. 



Corns, whether recently extirpated or not. 



Affections of the lungs, whether asthmatic, inflam- 

 matory, or otherwise ; and thick breathing, if it pro- 

 duces distress. 



Spavin, enlarged joints, and any malformation of 



