Withers v. Greene

dissented.

I am obliged to dissent from the judgment of the court in this case. I agree to the principles of law, generally, as expounded in the opinion delivered; but cannot agree to the ap-. plication that has been given to them in deciding the case.

The defence turns lipón the effect of the pleas, as there is a demurrer to each of them.

The first sets up fraud in the sale of the fillies in two particulars ; namely, first, in representing that, they were raised by the vendor and were sound, .when, in fact, they were not raised by- him, and were knowingly unsound. ' Second, that they were of a…