VETERINARY IVIP:DICAL JURISPRUDENCE. 
107 
David Lines, Linimore, bought the mare at the roup, for 
£13 IO 5 , kept her six weeks or two months, then sold her to 
Alexander Stuart,x for Mr. Duff, for £18 IO 5 . Did not pay 
much attention whether she was lame or sound, as he thought 
her worth the money, lame or sound; but never saw any lameness 
about her. He observed no swelling about her legs. Shewed 
her to an acquaintance going home'from the sale, after he had 
bought her, and then thought her sound, and thinks to this hour 
she is so. Did not warrant her to Stewart. He never asked 
witness to do so. He had six horses in the stable when Stewart 
came to buy, and he told him to take his choice, and he fixed on 
the male. 
Notes by the Oversman in the Judicial Reference 
OF the Cause. 
Gavin Drummonds, residing in Auchterarder, against John 
Leslie, residing at Redbrae, in the parish of Forglen. 
The oversman has considered the record, and the proof laid 
before the arbiters, and the cases since lodged for the parties; 
and the following are the views which he at present entertains 
on the subject :— 
It appears to the oversman, that the following facts are ad¬ 
mitted or established beyond doubt, viz. 
1st, That on the morning of Wednesday, the 19th of Sep¬ 
tember, 1827, the mare in question, and two other mares, were 
taken by the defender from his farm of Redbrae to the market 
stand at Keith, a distance of nineteen miles along the road. 
2d, That on the afternoon of that day, the mare in question 
was sold by the defender to the pursuers, at the price of £25, 
warranted sound, and was delivered to one of the pursuers, by 
whom she was led from the market-place to the stables of Alex¬ 
ander M^Grigor, where she was placed for the night. 
3d, That next morning the mare was palpably lame in one 
of her hind legs, which was visibly and much swollen from the 
hoof to the knee. 
4th, That, tw o days after the sale, the mare was offered back 
to the defender as lame; but he refused to take her back. 
5th, That after the mare had remained in M'Grigor’s stable 
for about six weeks, she was sold by public roup, at his instance, 
in virtue of a warrant of the sheriff of Kincardineshire, and was 
purchased for £13 5s by David Innes, Linemore, who, after 
keeping her for a few months, and considering her sound, sold 
her for £18 10.s- to Mr. Dufi, of Drummuir, in Botriphnie, who, 
after w'orking her like other horses on his farm for two years and 
