Need legal advice.. Barn owner having problems and her mare being taken away. - Page 3

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Need legal advice.. Barn owner having problems and her mare being taken away.

This is a discussion on Need legal advice.. Barn owner having problems and her mare being taken away. within the Horse Law forums, part of the Horse Resources category

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        12-01-2012, 12:04 PM
    Green Broke
    The question is, if they knew this was going on why was the barn left unmonitored long enough for a horse to be stolen?
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        12-01-2012, 12:49 PM
    It was late at night.
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        12-01-2012, 12:50 PM
    Expensive lesson learned.
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        12-01-2012, 12:55 PM
    Yeah.. I'm still wondering why they were allowed to just take her without consequences when the sheriff said she was to stay there.
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        12-01-2012, 01:03 PM
    Super Moderator
    If it aint written down it never happened
    This is something for legal professionals to decide through the courts - the police are only there to keep the peace and ensure laws arent being broken so out of his jurisdiction as no proof of ownership had been established
    The couple will no doubt claim that transactions were made in cash and no receipts given and since the BO seems lapse on paperwork that would sound plausible enough to anyone
    She could try to use the vet bills as evidence of her taking responsibility but the couple might claim they repaid those in cash too
        12-02-2012, 01:27 AM
    Would the fact that anytime I have given her money she's given me a recipt be enough proof that she DOES give them?
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        12-02-2012, 03:21 AM
    Green Broke
    NO. The proof would be between those people and the B.O.
    She needed a written contract. She can file an lien for feed and care against them, regardless if there is a contract or not. Look up agisters lien.
        12-02-2012, 05:52 AM
    Time I think for Judge Judy! Seriously though, this is a tough lesson for everyone. If you don't have anything in writing and signed by both parties, no matter which country you are in, the Law is the same - nothing in writing means no contract no matter how many receipts etc you produce. In Law, if you pay for something for an animal on someone else's behalf e.g. Vets fees without the owners written agreement or anything else which the owner has not given express permission to pay for, then you cannot claim compensation/prove ownership or anything else. It is a case of 'on your own head be it'. The ONLY exception to this would be if an animal was in extreme distress and needed life/death vetinary care then it would be a case of animal welfare and you could 'technically' ask for recompense from the owner. Still no guarantees you would get it. The moral of the story, do not do anyone favours, pay for an animal's needs which you do not own or believe a verbal agreement holds up in law. It doesn't and while most people are honest and would stump up payment for their animal, there are the few who spoil it for everyone else. As for the Sheriff telling the horse owners the 'horse stays where it is'. Unless the Sheriff posted a guard /removed the animal to a place of safety or the owners lived on site and had the barn under security, there is no-one to stop the horse being removed by its legal owners. It would now be up to the Sheriff to pursue the matter if he or she so wished but somehow, it is going to be a case of the Sheriff having more pressing things to do than bother about owners taking their horse back. If you feel the animal is in danger or going to be badly treated then the only thing you can do is report the matter to animal welfare. It is a tough, harsh world.
    liv885 likes this.
        12-02-2012, 07:32 AM
    Since no one has mentioned it, this mare, "ruined" or not is worth a nice chunk of change (a he!! Of a lot more than a couple hundred $$) jut as a broody.) She is an own daughter of Shining Spark, and her performance record is pretty good!

    2002 LIL MISS SHINEY CHEX (embt), f. By Shining Spark. $100,414 and 51 AQHA points: 2009 NRCHA Open Bridle World Champion; NRCHA Open Two-Rein World Champion; AQHA Reserve World Champion Junior Working Cow- horse; NRCHA Limited Open Futurity Reserve Champion (Champion of the Reined Work; Reserve Fence Work); Open Bridle Reserve Champion at the 2010 NRCHAFuturity;4th,NRCHAInt.OpenFuturity,etc .

    Plus, she is a proven broodmare-here is just ONE of her babies records.
    Cottonwood Springs Ranch: Broodmare | Shiney Lil Miss

    So, frankly, I am of the opinion that your BO was trying to pull a fast one. This mare is worth a lot ore than a few hundred $$. JMHO.
    wyominggrandma likes this.
        12-02-2012, 10:09 AM
    Ah, so the story is taking an interesting turn! The mare is hardly some done nothing, backyard grade.
    wyominggrandma likes this.

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