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In giving judgment, Lord Young , after delivering an opinion to the effect that the Sheriff-Substitute's judgment should be affirmed, said:—
“Dismiss the appeal: Find in fact in terms of the findings in fact in the interlocutor appealed against: Further find that it is not proved that the brown mare in question was unsound when sold: Therefore of new sustain the defences and assoilzie the defender from the conclusions of the action, and decern.”
Counsel for the Pursuer and Appellant— Macaulay Smith . Agents— Robertson & Wallace , S.S.C.
Counsel for the Defender and Respondent— Lees — A. S. D. Thomson . Agent— J. Stewart Gellatly , S.S.C.
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Common Room
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