244 
VETERINARY JURISPRUDENCE. 
Drove his children to Dalkeith every day, nearly three miles, 
and on market-days, witness drove horse into Edinburgh. 
Thought hoofs much pared away and in bad order — kept 
him for nine or ten weeks. Got horse shod at Dick’s twice. 
Witness held horse always sound after this. Showed horse to 
Aitken, at Joppa, occasionally when at witness’s farm about 
other horses. Witness sold horse to Edgely, as animal too 
good for children — sold him for £25 10s. Edgely a dealer in 
horses. This was nine weeks or so after witness got him. 
Witness never saw any indication of founder or of corns, or 
of unsoundness. Never saw shoes off. 
The witness said, in his cross-examination, that when he 
first bought the horse, it was not entirely free from lame- 
ness, but became so in eight or ten days. 
Thomas Edgely, farmer at Gilmerton. — Knows Harper, his 
brother-in-law. Purchased from him about March last the 
gelding as in exchange. Valued gelding at £25. Had it in 
his possession three weeks. Animal sound all that time' — can 
say animal was quite sound. No traces of founder or of 
corns, or of lameness or tenderness. Horse worked by wit- 
ness occasionally. Drove him to Gifford fair, seventeen 
miles, and sold him before going into market there. £27 
was price, and witness warranted him sound. Archibald 
Patullo was purchaser, and no claim on warranty ever made 
by Patullo. 
Examined by Macfarlane. — Patullo is a horse-dealer. No 
written warranty given. Bought horse as a dealer. Witness 
occasionally drove the horse ; half of each of the three weeks 
horse might work. No veterinary surgeon or smith saw 
horse wdien in witness’s possession. 
Patton stated they cited Patullo, and execution put in. 
John Aitken , veterinary surgeon, Joppa. — Saw horse in 
Harper’s three or four times latter end of July, and after- 
wards witness examined horse and considered him perfectly 
sound. No appearance of founder or of corns, but shoes not 
off — nor of thorough- pin ; no pumiced sole. 
Cross-examination . — No lameness on either of the occasions 
when witness saw the horse. 
Patton puts in record and correspondence. 
Case for defender closed. 
The Finding. 
Edinburgh , 20 th July , 1853. — The Lord Ordinary having, 
on the 15th and 16th days of July, 1853, tried the issue in 
this cause, as appointed by interlocutor of 5th July, and 
thereafter heard the counsel for the parties, finds upon the 
evidence, (1.) that at the time of the sale of the gelding, the 
