IN SEARCH OF A HORSK. 365 



turning the article within a reasonable time for the 

 purpose of examination and comparison. The obser- 

 vations above stated, are intended to apply to the 

 purchaser of a certain specific chattel, accepted and 

 received by the vendee, and the property in which is 

 completely and entirely vested in him. 



" But whatever may be the right of the purchaser 

 to return such a warranted article in an ordinary 

 case, there is no authority to show that he may re- 

 turn it where the purchaser has done more than was 

 consistent with the purpose of trial ; where he has 

 exercised the dominion of an owner over it, by selling 

 and parting with the property to another, and where 

 he has derived a pecuniary benefit from it. These 

 circumstances concur in the present case ; and even 

 supposing it might have been competent for the defend- 

 ant to have returned this horse after having accepted 

 it, and taken it into his possession, if he had never 

 parted with it to another, it appears to us that he 

 cannot do so after a re-sale at a profit. 



" These are acts of ownership wholly inconsistent 

 with the purpose of trial, and which are conclusive 

 against the defendant, that the particular chattel was 

 his own : and it may be added, that the parties can- 

 not be placed in the same situation by the return of 



