VETERINARY JURISPRUDENCE. 
293 
On the 16th of August, 1831, the plaintiff purchased of the 
defendant, for the sum of 3000fr., a filly three years old, of pure 
English blood, and warranted to be got‘by the stallion Merlin. 
This filly, previous to the sale, had commenced a regular sys¬ 
tem of training, which was continued by M. L. after she came 
into his possession. 
At the time for the entry of the filly for the stakes in the 
Champs-de-Mars, a person in the service of Lord S— informed 
M. L. that the filly was not got by Merlin. Notwithstanding 
this, however, she ran at the Champ-de-Mars. 
These facts are admitted by both parties. 
The plaintiff adds, that he afterwards required the defendant 
to take back the filly, and to return the 3000fV., wdth all ex- 
pences; and he founds this demand upon the fact, that she was 
sold as the daughter of Merlin, to whose stock it now appeared 
that she did not belong. 
In proof of this, Mr. Felix W— produced the stud-book of 
M. S., in wdiich she is stated to have been got by a horse named 
Morisco. 
It also appeared that, although the progeny of this last horse 
had occasionally fetched as high a price as that of Merlin, yet at 
other times they had been sold for much less money, thereby ex¬ 
plaining the recognized superiority of Merlin. 
To this the defendant replied, that the certificate of the pedi¬ 
gree of the mare given at the time of sale is not referred to in the 
receipt of the defendant; and that the only object of this certi¬ 
ficate was to establish the fact of her being of “ pure blood,’’ and 
therefore entitled to be entered at these races ; and that Morisco 
is of as pure blood as Merlin ; and, lastly, that M. L., knowing 
that the certificate was incorrect, ran her at the Champs-de- 
Mars, and thereby made her his property. 
Considering —1st, That the declaration of her pedigree as de¬ 
livered to M. L. is false;—2d, That it is not indifferent whether 
the filly is descended from Morisco or Merlin, since the latter 
horse is in much higher repute than the former one;—3d, That 
in the sale both of blood-horses and mares, and destined either 
for the course or for breeding, it is usual to deliver a certificate 
of pedigree, on which the value of the animal very much depends; 
and that if this certificate were not to be relied on as perfectly 
true, an inlet would be opened for the commission of the grossest 
frauds;—4th, That if M. L. had not been deceived by the certi¬ 
ficate, he either w'ould not have purchased the filly, or would 
have purchased her at less price;—5th, That at the time of the 
entry of the filly he had not full proof of the falsehood of the 
certificate;—6th, That, before he seized the o[)portunity of en- 
