]06 
VETERINARY IVIEDICAL JURISPRUDENCE. 
der it necessary, as he thought he could judge as well by 
walking as trotting whether she was sound. Was sure the mare 
was sound when he saw her in the market. It was on the lea, 
and not on the road he saw her .—For pursuer. From what wit¬ 
ness saw of the mare, thinks he would have discovered if she had 
been lame or unsound.—By Mr. Craigie (one of the referees). Is 
aware that it is customary with dealers and judges of horses, before 
buying, to walk and trot the horse on the road .—For defender. 
Cannot sav if or not the man who bought the mare trotted her 
on the road ; but, if he was a horse-dealer, it was likely he would 
have done so, as that is the general practice. 
Alexander Dark, vintner, saw the parties, in his tent at the 
fair, make the bargain about the mare. Held her at the door of 
the tent, and saw defender give her to the purchaser, who led her 
away. Saw no lameness about the mare. She was led to 
M‘Gregor’s stables, two hundred yards off. 
Alexander Stuart, greive, Bracco, knows David Innes, who 
bought a black mare at public roup at Keith, for £13 IO 5 . 
Bought her from Innes, who said she was as free from blemish 
as any he ever had in his stable. Paid £18 IO 5 for her. 
Worked her regularly two years and a half. Never found or 
saw any thing ailing her all that time ; and she did her work the 
same as the rest of the horses. She was after that sold, when 
Mr. Duff gave up the farm, for £25. Soon after witness got the 
mare, a man came and said he was a farrier from Edinburgh, 
and that he had been sent to see her, as she was considered 
lame ; but said nothing about a law process. Witness took out 
the mare to let him see her, and walked, trotted, and turned her 
as narrowly as he could upon a paved road. The man examined 
her minutely, and, after he had done all this, he said he found no 
lameness on her, and that she .was as sound a mare as was in the 
stable, and said that witness had got a very good mare. There 
never was any other farrier but the said man came to see her. 
The said man said, after he had walked and trotted her, but 
before he had handled her, that he supposed she would be taken 
back to the place where she was bought and shot; and witness 
said this would be a pity, as she was such a good beast, and that 
she should not be shot to him; and it was after this, and 
after the man had handled her as aforesaid, that he, the man, 
said that he found no lameness about her, and that she was a 
good beast: never saw any lameness about her. When he 
bought her from Innes for £18 IO 5 , he thought he had got a 
very good bargain. He did not trot her when he bought her, 
but tried her by walking her. Has been a greive since 1823, but 
has had little experience in buying horses. 
