335 



I may also advert with propriety at this place 

 to the case of Briggs v. Crick, 5 Esp. 99 ; where it 

 was held, that " it is not necessary to release the 

 former proprietor of a horse, who had sold him 

 with a warranty of soundness, to qualify him to 

 give evidence that such horse was sound at the 

 time he sold him." 



This case however seems to be over-ruled by that 

 of Biss V. Mountain, 1 Moody and Robinson, 302, 

 where it was held that "the vendor of a horse 

 warranted sound is not competent to prove sound- 

 ness for his vendee in an action brought against 

 the latter on a subsequent sale with warranty." 

 Briggs V. Crick was quoted without effect, the 

 Judge (Alderson) being of opinion that as the 

 effect of the verdict for the defendant would be to 

 relieve the witness from an action at the suit of the 

 latter, he was incompetent. In a note in this case, 

 other cases are quoted tending to support the 

 authority of Briggs v. Crick; and it is rightly 

 observed, that to render the witness incompetent, 

 it appears necessary to show not only that he is 

 exposed to liability, but that there is reason to 

 believe that his liability will certainly be enforced. 

 A merely speculative interest appears too remote to 

 disqualify a witness ; but I recommend my readers 

 who may chance to find the decision personally 



