Need legal advice.. Barn owner having problems and her mare being taken away. - Page 3 - The Horse Forum
LinkBack Thread Tools
post #21 of 42 Old 12-01-2012, 12:04 PM
Green Broke
Join Date: Jul 2010
Location: Louisiana
Posts: 2,610
• Horses: 1
The question is, if they knew this was going on why was the barn left unmonitored long enough for a horse to be stolen?
Posted via Mobile Device
cakemom is offline  
Sponsored Links
post #22 of 42 Old 12-01-2012, 12:49 PM Thread Starter
Join Date: Aug 2011
Location: Central Texas, easily mistaken for a big bowl of dust!!
Posts: 1,427
• Horses: 1
It was late at night.
Posted via Mobile Device
LovesMyDunnBoy is offline  
post #23 of 42 Old 12-01-2012, 12:50 PM
Join Date: Oct 2007
Location: Alberta, Canada
Posts: 11,772
• Horses: 0
Expensive lesson learned.
Posted via Mobile Device
JustDressageIt is offline  
post #24 of 42 Old 12-01-2012, 12:55 PM Thread Starter
Join Date: Aug 2011
Location: Central Texas, easily mistaken for a big bowl of dust!!
Posts: 1,427
• Horses: 1
Yeah.. I'm still wondering why they were allowed to just take her without consequences when the sheriff said she was to stay there.
Posted via Mobile Device
LovesMyDunnBoy is offline  
post #25 of 42 Old 12-01-2012, 01:03 PM
Super Moderator
Join Date: May 2012
Location: CT USA an English transplant
Posts: 24,530
• Horses: 3
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
jaydee is offline  
post #26 of 42 Old 12-02-2012, 01:27 AM Thread Starter
Join Date: Aug 2011
Location: Central Texas, easily mistaken for a big bowl of dust!!
Posts: 1,427
• Horses: 1
Would the fact that anytime I have given her money she's given me a recipt be enough proof that she DOES give them?
Posted via Mobile Device
LovesMyDunnBoy is offline  
post #27 of 42 Old 12-02-2012, 03:21 AM
Join Date: Sep 2011
Location: california
Posts: 5,510
• Horses: 0
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.
stevenson is offline  
post #28 of 42 Old 12-02-2012, 05:52 AM
Join Date: Jul 2011
Location: England
Posts: 526
• Horses: 2
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.
Bluebird is offline  
post #29 of 42 Old 12-02-2012, 07:32 AM
Join Date: Jun 2007
Location: left of center
Posts: 7,083
• Horses: 2
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.

Signature undergoing edits. Please standby.......
franknbeans is offline  
post #30 of 42 Old 12-02-2012, 10:09 AM
Join Date: Oct 2009
Location: Just south of sanity
Posts: 16,383
• Horses: 3
Ah, so the story is taking an interesting turn! The mare is hardly some done nothing, backyard grade.
wyominggrandma likes this.

You want the truth? You can't HANDLE the truth!
Speed Racer is offline  

Quick Reply

Register Now

In order to be able to post messages on the The Horse Forum forums, you must first register.

Already have a Horse Forum account?
Members are allowed only one account per person at the Horse Forum, so if you've made an account here in the past you'll need to continue using that account. Please do not create a new account or you may lose access to the Horse Forum. If you need help recovering your existing account, please Contact Us. We'll be glad to help!

New to the Horse Forum?
Please choose a username you will be satisfied with using for the duration of your membership at the Horse Forum. We do not change members' usernames upon request because that would make it difficult for everyone to keep track of who is who on the forum. For that reason, please do not incorporate your horse's name into your username so that you are not stuck with a username related to a horse you may no longer have some day, or use any other username you may no longer identify with or care for in the future.

User Name:
Please enter a password for your user account. Note that passwords are case-sensitive.


Confirm Password:
Email Address
Please enter a valid email address for yourself.

Email Address:


Human Verification

In order to verify that you are a human and not a spam bot, please enter the answer into the following box below based on the instructions contained in the graphic.

Old Thread Warning
This thread is more than 90 days old. When a thread is this old, it is often better to start a new thread rather than post to it. However, If you feel you have something of value to add to this particular thread, you can do so by checking the box below before submitting your post.

Thread Tools
Show Printable Version Show Printable Version
Email this Page Email this Page

Similar Threads
Thread Thread Starter Forum Replies Last Post
Need advice on legal bit similar to Kimberwick? With Grace Dressage 20 01-14-2012 07:40 PM
Problems riding out from barn any advice appreciated BennysLace Natural Horsemanship 7 01-12-2012 03:14 PM
Boarders ex-barn owner trespassing - advice needed! Poco1220 Horse Law 20 12-16-2011 11:24 AM
Irritated with Barn owner....advice? Long, sorry free_sprtd Barn Maintenance 22 04-11-2008 08:45 PM

Posting Rules  
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On

For the best viewing experience please update your browser to Google Chrome