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post #11 of 27 Old 02-10-2009, 01:29 PM
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I'm so sorry this all happened. These people are unbelievable. Would you be able to trade her anyhow, then the new owners can deal with the police, ect? Would they be willing to do that?
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post #12 of 27 Old 02-10-2009, 04:03 PM Thread Starter
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Quote:
Originally Posted by iridehorses View Post
NewHeart, I agree with what you've said but I think there is more to this situation then just having a horse at a boarding stable and not being able to move him.

In a normal situation, what you say is the proper way to do it but I believe this is an odd situation.


I couldn't have said it any better myself, Bill.

There IS more to this situation than just up and picking up my stuff and dumping my horse off on these people. That is in fact the OPPOSITE of what I wanted to do. I wanted Rogue out of there, but finding trailering at a last minute notice was/is near impossible, not to mention I didnt want to put my OWN friends in a situation that even I was uncomfortable in. Tracking down a police officer is a bit harder than it sounds. With a situation like this, it would have been low on the 'to do' list, and pretty much a 'I'll get there when I get there' type deal. Lets not forget about where I would have KEPT Rogue say I would have been able to find trailering. So, again, it's not just a 'hey, I don't want the horse, you can have her' type deal.

If I would have been allowed on to the property on WED/THURS when I HAD trailering and different accommodation's for Rogue, we wouldn't be having this conversation.

Trading at this point is not an option, as I did get the remainder of the board back from these people, (I was paid in full til the end of the month), and a statement saying that they are now owners of Rogue. So, she is no longer my horse.

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post #13 of 27 Old 02-10-2009, 04:28 PM
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I understand that the situation is hard, however if your horse (when it was yours) was on the property, then you have FULL legal rights to go get her. Tracking down an officer really is not that hard, considering we have had to call the police to escort boarders off of our property on two different occasions. I am not trying to sound like a jerk, however I am just trying to point out to you, that from what you posted on here, I could see other options for you.

Anyway, sorry the situation went the way it did. Good luck to you in future.
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post #14 of 27 Old 02-11-2009, 01:35 PM
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Quote:
Originally Posted by NewHeart View Post
I understand that the situation is hard, however if your horse (when it was yours) was on the property, then you have FULL legal rights to go get her. Tracking down an officer really is not that hard, considering we have had to call the police to escort boarders off of our property on two different occasions. I am not trying to sound like a jerk, however I am just trying to point out to you, that from what you posted on here, I could see other options for you.

Anyway, sorry the situation went the way it did. Good luck to you in future.

Ok where Moxie lives ( I am her husband ) an example of getting a hold of law enforcement if you call 911 you get the wrong county’s 911 service, you end up explaining what is going on and then 5 minutes later our county calls and you have to explain it again. Non life threatening stuff can have a several hour wait. Not the department’s fault they are just spread pretty thin, and have a pretty full plate.

They offered the horse to us for free since my wife had done some video work, we had a receipt for board that had Misty paid in full. In court they could argue that the receipt was for board. There was no written agreement or bill of sale just "here is your horse". My personal belief was that since them where pitching such a fit about taking the horse from the barn was they really where never going to let us truly own the horse, it was just a way to get board and other expenses paid for by someone else. It would of been held over her head any time something came up, kind of a we give we can take away. It was also a way to get free labor out of Moxie. She got used.

It is sad that we live in a not what you know but what you can prove world.

If you can't convince them, confuse them.
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post #15 of 27 Old 02-11-2009, 02:00 PM
mls
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Quote:
Originally Posted by Moxie View Post
I wanted Rogue out of there, but finding trailering at a last minute notice was/is near impossible
For future reference, if anyone needs trailering quickly please call your vets office. Due to emergenices, they typically have a service they call.
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post #16 of 27 Old 02-11-2009, 02:12 PM
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that's all fine and nice, but perhaps in the future, you should understand that a receipt for board and a bill of sale are two very different things. I asked moxie if she received a bill of sale, and she said that yes she had, it was in writing. The only point that I ever tried to make here was that if you and your wife did indeed take ownership of the horse, and had that information in writing, there should have never been an issue. If you own the horse, you should have been able to take it when and where you wanted, period.

It is sad that you cannot trust people in our society, and if this was your first horse, you will soon learn that the horse industry is filled with crooks. So here is my advice to you in the future. ALWAYS obtain a bill of sale, something in writing saying that you purchased this horse for "x" amount of dollars, or that there was no monetary exchange. This way, if a situation such as this comes up again, there will be no issue. I purchased my three year old from my best friend, I still got a bill of sale stating that I am now the legal owner.

Again, I am sorry that this happened to you, hopefully you will have better luck in the future.
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post #17 of 27 Old 02-11-2009, 02:47 PM
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Quote:
Originally Posted by NewHeart View Post
So here is my advice to you in the future. ALWAYS obtain a bill of sale, something in writing saying that you purchased this horse for "x" amount of dollars, or that there was no monetary exchange.
Again, I am sorry that this happened to you, hopefully you will have better luck in the future.
I'll add one other point to NewHeart's post and that is the fact that there should be "consideration" in the sale. Free is not a good thing, a figure as low as a $1.00 is better. It shows a purchase price and "consideration" for the exchange, silly as it sounds. A good friend who is an attorney taught me that many years ago after a problem I had with someone who "gave" me a pony.

I'm not arguing with you, I'm just explaining why I'm right.

Nothing sucks more than that moment during an argument when you realize you're wrong.


It's not always what you say but what they hear.
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post #18 of 27 Old 02-11-2009, 02:56 PM
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I agree, that is a really good point to make.
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post #19 of 27 Old 02-11-2009, 04:07 PM Thread Starter
Green Broke
 
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Quote:
Originally Posted by mls View Post
For future reference, if anyone needs trailering quickly please call your vets office. Due to emergenices, they typically have a service they call.

That is very good advice, thank you very much!

Quote:
Originally Posted by iridehorses View Post
I'll add one other point to NewHeart's post and that is the fact that there should be "consideration" in the sale. Free is not a good thing, a figure as low as a $1.00 is better. It shows a purchase price and "consideration" for the exchange, silly as it sounds. A good friend who is an attorney taught me that many years ago after a problem I had with someone who "gave" me a pony.
Again, more fine wisdom from Bill. I agree with you here. I was naive going into the situation from the get go.




NewHeart,

I hate to keep reopening the wound here, but lets not forget the fact that I had no where to keep the horse if I were able to get her off the property in the first place.

I understand now that there were trailering options that I didn't know about at the time, and yes, probably after a several hour wait for the police to escort me, where would I have kept her? I just didn't have anywhere that would be able to take her in.

I wouldn't have walked away if I didn't feel like my hands were tied in this situation. Sorry to sound a little defensive, but I already feel like a horrible person about the whole thing, so........


Last edited by Moxie; 02-11-2009 at 04:12 PM.
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post #20 of 27 Old 02-11-2009, 04:28 PM
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Quote:
Originally Posted by Moxie View Post

I hate to keep reopening the wound here, but lets not forget the fact that I had no where to keep the horse if I were able to get her off the property in the first place.
I must say that I agree heartily with Newheart. While I am sorry this happened to you it was very, very preventable. It is very easy to find stables that do horse hotel, just type it into google with the name of your state. Even if you could not have made arrangements for the horse that night, you could have arranged for a police escort at a later date. Given that you have a bill of sale, which I am still a little confused about after reading this thread. Were you just mistaken about the receipt for board being a bill of sale? If so, why didn't you realize this sooner and get it corrected.
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