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dcglovex2 12-08-2013 09:25 PM

free horse old owner wants back
 
I was given a qh mare in Nov of 2012 it was for a 2 months trial period and if it didn't work.the owner would reimburse me my board and anything I had invested...well I still have her over a yr later ... now when I got this mare I was told she was well trained apon arrival I was told she had.never been inside a barn before etc...the owner said he didn't object to after awhile if it didn't work I could sell, trade her etc...but he would have 1 st right...well come to find out he cowboyed her she was broke and put out to pasture for 3 yrs before I got her..she didn't even know how to tie...over the past yr I have worked with her and she now tie/crossties,leads,clips,stands for farrier,loads..has impecable ground manners...and is now great undersaddle as well aside from she is just too much horse for me...I admit it no shame here...I contacted the old owner and told him I need to find her a new home and he said what do I want I said to u 500.00 he said that's fair I'll be in touch..proceeded.to contact me a week later to tell me he wasn't gonna pay for a horse he still technically owned...that she was free leased.to me all this time....there is no paperwork...no contract...nothing...only my word.against his...inhave put a ton of.money and time into this horse ...does.he have owner rights to her?

SullysRider 12-08-2013 09:29 PM

Unless you signed some sort of contract/bill of sale transferring ownership then she is still his. That is why it's important to have something in writing.

Sharpie 12-08-2013 09:49 PM

I dunno- does he have any paperwork showing the mare belongs to him? If he doesn't, then it's he-said-she-said and the board, feed and vet bills you have with her name and yours may be worth something. Possession is still a biggie. Could be a mess though- how much PITA and headache is that $500 worth to you?

dcglovex2 12-08-2013 11:55 PM

It wasn't about the money at first no.. But he started being very insulting so I said she is no longer for sale to you I'll keep her if u want a court battle then so be it... The only paperwork he had was her coggins from when she was 2 ... No other paperwork... The horse was given to me... So if he wants her back he will have to leave Wyoming come here to va file court papers etc...I would've let it go if he hadn't called me names and insulted my character

Dreamcatcher Arabians 12-09-2013 12:37 AM

Quote:

Originally Posted by dcglovex2 (Post 4268018)
It wasn't about the money at first no.. But he started being very insulting so I said she is no longer for sale to you I'll keep her if u want a court battle then so be it... The only paperwork he had was her coggins from when she was 2 ... No other paperwork... The horse was given to me... So if he wants her back he will have to leave Wyoming come here to va file court papers etc...I would've let it go if he hadn't called me names and insulted my character

Gather up receipts for all the board, training, vet and farrier you've paid. If he decides to play rough, you'll have a bunch of expenses he'll need to reimburse you for before he can take that horse back. If he contacts you again, tell him, "Sue me" and wait to see if he does. I suspect...check your state laws on this.. that his time to sue to take the horse back will soon expire if it hasn't already. Make sure they know at your barn that the horse is not to be released to ANYONE but you or your parents (if you're a minor), put it in writing. Sounds like he's just a Jack A** and that's going to be all you hear of it.

dcglovex2 12-09-2013 01:29 AM

He is a jack a... He doesn't care about the horse the horse was in sellable when I got her now she's worth something.. I just gave him the 500 dollar price I homered my end of the agreement I contacted him and gave him his buy back option .. 3 weeks ago and I could've sold her 10 times over for 3 times that... Meanwhile I am still paying board feed hay and everyday care...nov 20th is when I contacted him. He left last week saying he would mail a check when he got back to Wyoming I finally contacted him last night to get told he was waiting.. I did let him know I would be counter suing for everything after the 2 month trialPeriod.. Including the 800.00 bet billing paid when she got kicked in the eye... She is at a new barn and Boone knows where it is...I also talked to the sheriffs office in va the statue is 3 months.. I did notify him at the end of February and told him it wasn't working out.. He convinced me to keep trying...saying he would come to town soon we set up a time and he never showed...oh but he loves her...

Saddlebag 12-15-2013 09:44 PM

Whoa, can he prove he even owned the horse? It's your say so against his and since the horse is in your possession, the courts will likely see it as yours.

usandpets 12-15-2013 09:52 PM

If he didn't show or call to reschedule, I would think that he basically gave up his first right to get her back.
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verona1016 12-15-2013 10:00 PM

With no contract it could go either way. I'd be willing to bet that (if it were to go to court) whichever lawyer knew the relevant laws better would win. IMO it sounds like legally the horse is still his, but that he would probably owe you for the cost of her upkeep and training, which at this point is much more than her value. It would be in his interest to either buy her from you for the original $500 you asked (if you're still willing to do so) or just sign her over to you. I'd avoid selling her to anyone else at this point until you have some legal proof that she belongs to you- either a signed statement/bill of sale from the original owner or a court order.

Boo Walker 12-23-2013 10:14 AM

Contact your state brand inspector - they can help you a lot with the laws of legal horse ownership.


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