VETERINARY JURISPRUDENCE. 
245 
defender specially warranted the animal to be sound ; 
(2.) that at the time of the said sale, the gelding was not 
sound; (3.) that the pursuer, within reasonable time, gave 
notice to the defender of the unsoundness ; and, (4.) that the 
defender is indebted and resting-owing to the pursuer in the 
sum of £25, with interest, and under deduction as set forth 
in the schedule annexed to the issue ; and also in the sum of 
£5, as the modified amount of the expenses of keep, loss, and 
damages, mentioned in the said schedule. 
(Signed) John Cowan. 
APPEAL. 
The defender, the said Samuel Wordsworth, feeling himself 
aggrieved by the findings in the said interlocutor of date 
20th July, 1853, and being advised that the same are in- 
correct or erroneous, begs leave humbly to bring the same 
under review of your Lordship. 
“ May it therefore please your lordship to review, upon 
your lordship’s notes taken at the trial, the foresaid 
findings in the interlocutor of date 20th July, 1853, 
and to reverse, vary, alter, or correct the same ; to find 
that at the time of the said sale the gelding w r as 
sound, at least that it is not proved that it was un- 
sound ; that the pursuer did not, within a reasonable 
time, give notice to the defender of the alleged un- 
soundness ; and that the defender is not liable to the 
pursuer for the sums concluded for in the summons, 
and referred to in the said issues, or any part thereof ; 
and find the pursuer liable in expenses to the defender ; 
or to order a new trial of the questions of fact stated 
in the said issues, for the reasons to be afterwards 
proponed ; or to do otherwise as to your lordship shall 
seem proper. 
“According to Justice, &c. 
(Signed) u G. H. Pattison.” 
Reply. 
Edinburgh, December 3d, 1853. — The Lord Ordinary having 
heard parties’ procurators upon the note for the defender, 
No. 32 of process, and having resumed consideration of the 
cause, and of the evidence adduced at the trial, refuses the 
prayer of the said note, and adheres to the findings contained 
in the interlocutor of 20th July, 1853. One word delete. 
(Signed) John Cowan. 
Note . — The views entertained by the Lord Ordinary upon 
the import and effect of the evidence remain unchanged, not- 
