HOLE V. MOUNTSTEPHEN. 
321 
brought round by rest and good treatment; but I do not think it 
would be a safe horse to ride. James Jejfrey. —I was plaintitf's 
servant on the 29th of July. I dressed the horse about six o’clock, 
and observed a scab inside the off leg, just below the knee : the 
leg was swollen at the same place home to the fetlock. I took 
him out of the stable to dress him the next morning, and it was 
lame. It was not worked from the time that it came to the 3d 
of August. Richard Hole, —I am a surgeon residing at Torring- 
ton. I am father of the plaintiff. I saw the horse brought home 
on the 29th—examined it, and considered it an old injury. This 
closed plaintiff’s case. 
The following witnesses were called for the defendant;— John 
Fairweather Bickford^ veterinary surgeon.—I examined the horse 
when Oxenham was at Kingsbridge. Shillibeer had then had it 
upwards of two years. I found it perfectly sound in every re¬ 
spect. I observed a splint on the off fore leg, but of no detriment. 
It was my opinion that it was perfectly sound, wind and limb. 1 
examined it at Mr. Rookes’s about six weeks ago : it was perfectly 
sound, and the legs very fine. Thomas Oxenham. —I recom¬ 
mended Shillibeer’s horse to my brother, and he gave £16 for it. 
On the 24th he rode it up to Exeter, thirty-six miles. I had offered 
£15 for it, and would not have offered that money for it if I had 
not known it to have been sound. I rode it sixteen miles the 
week before to try it. I saw the horse at the Bazaar soon after 
it was returned, and also since Mr. Rookes bought it: it was as 
sound as a rock. 
— Shillibeer. —My father died six weeks ago—he had had the 
bay cob two or three years. We used it in the course of the 
business. It was perfectly sound at the time it was sold—I 
never knew it to have any lameness. 'Thomas Ilex. —I am land¬ 
lord of the White Hart Inn, St. Thomas. On the 24th of July, 
Oxenham rode into my yard, and told me it was a horse he had 
bought at Kingsbridge. I examined the horse—I have had a 
great many in my day—I looked at the legs, and saw a splint in 
the off leg, but the sinews and tendons were perfectly sound. 
1 offered Oxenham £18 for it—he asked me £25. I saw it 
afterwards at Rogers’ Bazaar, about three weeks before it was 
sold. I wanted it, and would have given £20 for it then. I ex¬ 
amined the horse’s legs particularly, and found them perfectly 
sound—as sound as a foal, except the splint. 
John Martin. — I was hostler to defendant in the month of 
July. I remember plaintiff coming to know if there was not a 
horse for sale? 1 said “ Yes;” he asked to sec it, and examined 
it. Mr. Hole saw the splint, and said he did not mind that; he 
rude the horse away, and came back in about an hour. When 
