ON PURCHASE AND SALE. I43 



he prove glandered, which exception, I fuppofe, 

 arifes from the illegahty of felling any horfe in 

 that ftate. 



DiflRcukies having arifen, and various opini- 

 ons prevailed, as to the precife definition of the 

 term sound, I fhall point out what has been hi- 

 therto the relative praftice, and how far, in my 

 own opinion, it confift with equity. The late 

 Lord chief juftice Mansfield, I have been in- 

 formed, laid it down as a rule, that any horfe 

 fold for more than ten pounds, ought in law to 

 be found, of courfe returnable if otherwife ; a 

 determination inconfiftent either with truth or 

 equity in the firft inftance, which ought to be 

 the ground of all law, and manifeflly affording 

 the purchafer an imdue advantage. An un- 

 found horfe may be vv^orth a thoufand pounds. 



I fhall define soundness to imply, " not 

 *•' difeafed, lame, blind, or broken-winded ; nor 

 " having, at the time of fale, any impending 

 " caufe thereof." By cuftom, three days trial 

 are allowed the purchafer, within which period 

 the horfe ought to be returned for unfoundnefs : 

 but if the defect lie hid, and the horfe can be 

 proved to have been unfound at the time of 

 fale, a much longer detention does not bar the 

 return of the horfe ; on the other hand, if the 

 feller can prove the foundnefs, it is prcfumed 

 the horfe has been damaged whilft in the cuf- 



tody 



