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Copperhead 05-23-2013 12:15 AM

Stolen Pony
 
Heres this situation.

Last month, my sister was looking to lease a horse off of the BO to trail ride. She tried out a haflinger pony, Sabee, and liked him. He didn't belong to the BO, but another boarder. The other boarder, who I will call "T", was offering him for lease through the BO.

A couple days after my sister tried Sabee, T called the BO and told her that she didn't want him anymore and that she was giving him to the BO, and the BO was permitted to place him with another owner if the BO didn't want him. Ownership switched from T to the BO over word of mouth, since T and the BO have known eachother for many years.

My sister decided to adopt Sabee and a contract between the BO and my sister was signed, placing ownership of Sabee from the BO to my sister. A board contract was also signed, board was paid with receipt, she had him vetted under her name, had him scheduled for a farrier because of his over due feet, and put him in training for a tune up.

This past Monday, T randomly showed up at the barn while the BO was giving a lesson and took Sabee. The BO tried to stop her, reminding her that Sabee had a new owner who was paying on him and had him vetted. T admit that she knew this, but she hauled Sabee away. T doesn't have Sabee, Sabee is at an unknown location as of right now. Its said that she gave Sabee to a friend of hers who is in Ohio somewhere.

We were informed of this today. I went up to the barn and the BO wanted to tell my sister personally, so she didn't call. My sister wasn't there today, so she told me and I contacted my sister.

T didn't deny handing ownership over to the BO, and she admit that she knew the BO already gave him to someone. The BO informed T of the new ownership the day my sister signed the contract. There were numerous witnesses on the day T hauled Sabee away.

We plan on filing a police report for a stolen horse tomorrow. My sister has vet receipts, board receipts, training receipts, a board contract and an ownership contract and if he would have been around for next week, would have had a farrier receipt. She will have this in hand when the police arrive. We also know who did this and T's home address.

What can we expect? Any advice? If need be, she will be contacting a lawyer and is already searching for one in our area.

Thanks in advance.

Honeysuga 05-23-2013 12:19 AM

What a crap situation!

I hope it is resolved soon, but the only outcome I can see is a larceny charge on "T" for taking the pony. Your poor sister may never see the pony again.

Copperhead 05-23-2013 12:27 AM

My sister and the BO are really upset by this. I've known the BO for 20 years and I've never had a problem with her. We aren't mad at the BO. She trusted the wrong person, I guess.

I tried out another horse at the barn for my sister today, and he is a dream. 16.3h of big gray quietness...and I told her this. She doesn't want him, she wants her pony back and she's prepared to take T to court over it and file charges if she can.

My only hesitation is the fact that no documentation was signed between the BO and T for ownership. It was word of mouth. T didn't deny giving the BO ownership, and was well aware of the pony's new owner. She decided to take the pony anyways.

Skyseternalangel 05-23-2013 12:33 AM

Quote:

Originally Posted by Copperhead (Post 2594857)
and was well aware of the pony's new owner. She decided to take the pony anyways.

Then that's plain stealing.

I'm just curious why the BO allowed the pony to be taken. That's the part I'm floored about.

If some yahoo, or past owner of Sky, tried to steal him you bet the barn wouldn't let them touch him.

Phly 05-23-2013 12:34 AM

Is the pony papered or branded?

Chances are, you're out a pony. Sadly.

May I ask though? How was "your" pony picked up and hauled off with out anyone noticing?
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Copperhead 05-23-2013 12:38 AM

The pony is not papered or branded.

I agree, I would have never allowed him to leave the property. The BO knew T personally and the barn was packed full of people, and she was also in the middle of a lesson. I guess she tried to talk them out of it and reminded them he had a new owner, but they took him anyways.

My pony was not picked up and hauled off without anyone noticing. If you read what I wrote, he is my sister's pony, and there were numerous witnesses. Just no one bothered to stop them.

waresbear 05-23-2013 12:39 AM

I am guessing T pretty much burnt her bridges with the BO? I am thinking the only way your sis can recoup her losses legally, is with the BO and they in turn have to pursue the matter with T. There was no dealings between your sis & T.
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Copperhead 05-23-2013 12:45 AM

I'm pretty discouraged. Does my sister have any legal standing or rights in this situation, or is she just SOL?

Phly 05-23-2013 12:51 AM

Quote:

Originally Posted by Copperhead (Post 2595001)
The pony is not papered or
Branded. My pony was not picked up and hauled off without anyone noticing. If you read what I wrote, he is my sister's pony, and there were numerous witnesses. Just no one bothered to stop them.

I understand it wasn't your pony, but was your sisters pony. I tried to save on typing.

Why in the hell didn't someone stop it from leaving. Lesson or not. That's a big deal!!! There'd a been a truck blocking the exit till it was figured out here.

Fun lil short story, we rescued a roping horse. He was abandon and left at a friends till he was almost dead. We took him in and treated him right. The wife was worried the guy who owned him would want him back come summer.
The friend said and I quote " if he steps on the property call me, cause ill beat him to death for what he did to that horse". And trust me, he meant it.
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waresbear 05-23-2013 12:51 AM

This sounds like a civil matter and I would bet until ownership of the pony is decided in a court (if the BO pursues this), your sister's only way to recoup the money she spent would be from the BO. I hope she at least got the money she spent on board back?
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