104 
VETERINARY MEDICAL JURISPRUDENCE. 
tenders in evidence; and the defender, rather than defer his 
proof, consents to the certificate being held as evidence, and of 
which certificate the tenour follows :—I have this dav ex¬ 
amined a black mare, and pronounce her to be unsound, but 
from what cause I am not able to say* I am of opinion, that she 
must have been unsound, although she did not shew it, the day 
on which she was purchased by Mr. Drummonds, which was 
from three to four weeks ago, having shewn a lameness the fol¬ 
lowing day. (Signed) John PlowcuttJ 
Defender’s Proof. 
James Borelay, Hill of Montblainy, purchased said mare 
about Martinmas, 1825, and exchanged her in three or four 
weeks after, with John Taylor, farmer, Scotstown, who kept her 
twelve months, and then sold her at his removing roup to the 
defender. Saw the mare frequently in Taylor’s possession, and 
also in the defender’s, who sometimes rode her. Never saw her 
exhibit symptoms of lameness or unsoundness in any respect. 
Taylor has gone to America. Refused £28, and also £28 IO5, 
for the mare, at TurefF and Aldeer markets; and got £29 15s 
by the exchange. 
James Winton, farmer, Whitefield, knows that Taylor sold 
said mare with his other stock. Has seen her frequently, and 
never heard of her beino; lame or sick. Saw her sold to the 
pursuer at Keith market, in 1827. She was shewn in the usual 
way, and saw the purchaser looking at her; and in a few mi¬ 
nutes saw the parties in a tent. The mare was brought to the 
door of it, and the bargain concluded; the purchaser led her 
away; the price was £25. The mare was not lame when he saw 
her in the market, and it was good daylight when she was sold. 
There was no swelling on any of the mare’s legs when she was 
sold, that he observed, and he looked at the mare different times 
minutely in the market; did not see her trotted on the road, 
but saw her w^alked, and w'ould have known if she was lame, as 
well from seeing her walked as seeing her trotted. Was eleven 
years groom to the late Lord Banff; was with him in the Ennis¬ 
killen Dragoons on the continent; and witness has had consi¬ 
derable experience among horses, and has seen a great deal of 
their complaints and diseases in the army abroad, and in cavalry 
hospitals at home. The mare in question had no contraction of 
the coronet of any of the feet, nor any rupture of the tendons of 
any of the legs, so long as he knew her, that ever he saw; and 
there is no doubt that if she had had a contracted coronet or rup¬ 
tured tendon, he, the witness, would have seen it. 
James Price, farm-servant, Torglen, was in defender’s service 
one year, previous to Whitsunday 1827; yoked the mare in the 
