record was not sufficient or legal evidence of the alleged warranty by Oliver or evidence of authority by Croom to Oliver to make said Warranty.
Also, that the record of the recovery aforesaid without [?] evidence of said warranty and of such authority to warrant was [blank] not sufficient to entitle the plaintiff to recover
Also, that there was not evidence for the Jury to find verdict for plaintiff.
The court refused and overruled said motions and instructed the jury.
1[st]. that said record was not inter alios & was legal & competent evidence in this suit.
2[nd]. That said record together with the parol evidence of the receipt by defendant from Oliver of the purchase money, and the letters of administration are sufficient to enable the Plaintiff to recover, and that it was not necessary to entitle the plaintiff to recover to prove by evidence alienate the said record that defendant authorised Oliver to warrant the horse to Shaw or that Oliver did warrant him. Defendant excepted to the decision of the court aforesaid & this bill of exception is signed sealed and ordered to be made a part of the record in the case.
L.J. Douglas, Judge
And afterwards towit on the 10[th] day of march 1845 came the defendant and filed an appeal bond which was approved, and which is in the words and figures following, towit,
Know all men by these presents that we Bryan Croom and John Miller and