BLACKWOOOD V. WRIGHT. 
441 
the horse was delivered, he had not the appearance of labouring 
under any disease. Interrogated, Whether, in the deponent’s 
opinion, it was not inflammation and mortification of which the 
horse in question died? Depones, That in his opinion’it was 
mortification which carried off the horse, whatever may have 
been his previous disease: That it was in the diseased parts 
where the deponent found the inflammation; and from what he 
saw, it is his opinion that there w^ere growths at these diseased 
parts : That there was no general inflammation in the intestines : 
That the inflammation that he saw on the animal was generally 
about the kidneys: That by growth he means, that an adhesion 
had taken place; and he saw no enlargement of the parts so as 
to term it properly a growth ; but it was in the gloaming time 
when he made the observation : That so far as he could discern, 
there was no growing on the kidneys, but an adhesion of the 
parts. And this is also truth. See. 
John McGill, servant to the defendant, depones. That he 
wrought the horse in question during the preceding summer, in 
carting and ploughing, and he was a sound healthy horse for 
any thing the deponent saw ; and he fed well, and the deponent 
considered him as good a feeding colt as ever he saw, and he 
wTought well, and was quiet: That he was sleek in the hair, and 
was so when delivered ; and was frequently playful in the field 
and at watering, down to the time of delivery, and had no 
difficulty in dunging that the deponent saw; and the deponent 
fed and took charge of said horse, and observed all the healthy 
appearances now deponed to: That before the sale, the horse 
was not kept up for the market, but was fed and wrought like 
the defender’s other horses. 
James Maitland, weaver in Girvan, deponed, That he was 
servant to the defender for twelve months preceding Whitsunday 
last: That while in the defender’s service, he had occasion almost 
every day to see the horse in question, both in the stable and at 
work, and said horse was a sound, healthy horse, and sleek in the 
hair, and fed very well, and performed his work very well, and 
continued in that state down till the time of delivery, and was 
playful and in good spirits : That before he was sold, he was not 
kept up for the market, but was fed and wrought like the de¬ 
fender’s other horses, and never knew said horse to be unwell, 
and he dunged like another horse. 
John Gillespie, flesher in Girvan, deponed. That he has been 
a flesher for twenty-two years: That he has seen the horse in 
question, before he was sold to the pursuer, many times, in 
passing and repassing, and the deponent thought him a sound 
healthy horse to his view, and the deponent has seen him plough- 
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