# Man sold a "stray" pony to a friend, original owner is now wanting the pony back.



## farmpony84 (Apr 21, 2008)

As long as he tried to find the owners, I believe he is allowed to sell the pony for the cost to feed it.

I had a paso fino left at my place a few years ago. The owner said she would be back in a month to get it. six months later I sold it for a dollar. A year later she wanted it back. I told her no and refused to tell her where it was.. I ran an ad in the paper before selling it to the elderly couple down the road. It said something like

to whom it may concern... the approximately 14 year old black paso fino gelding left at /my address/ will be sold on this date if not claimed.


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## LPH (Nov 1, 2014)

Hopefully they have a chance at keeping the pony. Her daughter is devastated. 

I feel like I've heard that after 30 days of the horse being on his property, unclaimed, he would be allowed to sell. But who knows. 

I don't blame you for selling that horse. I probably would have after the third month!
_Posted via Mobile Device_


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## farmpony84 (Apr 21, 2008)

I always thought it was 3 months. Is there a reason it took them that long to claim the pony?


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## Chevaux (Jun 27, 2012)

Check with the county/municipality authorities - they may have bylaws governing stray animals and how matters are handled with regard to length of time missing (or in custody) and costs incurred. Where we are (Canada), stray livestock is governed by a provincial act which basically says the municipality will pay the costs associated with the upkeep of the animal and if an owner does not come forward in whatever time (sorry I'm not remembering exactly but its something like a handful of months) the animal is taken to an auction with the proceeds going to the municipality - during this time, the animal be it horse or cow, etc., is usually looked after by a land owner who submits a bill to the municipality for the costs.

With regard to getting a bill of sale (there again Canadian law here), it probably is not valid as you cannot sell something you do not have legal ownership for. By that I mean a thief, for example, cannot legally sell you a TV that he/she stole from someone else - the rightful owner is entitled to get the TV back and the new owners recourse would be to go after the thief for the return of their money. On the other hand, if there is legislation in your area that deals with stray livestock then it could mean the bill of sale is legitimate if the requirements of legislation were met by the guy who found the pony.


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## Reiningcatsanddogs (Oct 9, 2014)

Texas "Estray" law

AGRICULTURE CODE CHAPTER 142. ESTRAYS

Sec. 142.003. DISCOVERY OF ESTRAY; NOTICE. (a) If an estray, without being herded with other livestock, roams about the property of a person without that person's permission or roams about public property, the owner of the private property or the custodian of the public property, as applicable, shall, as soon as reasonably possible, report the presence of the estray to the sheriff of the county in which the estray is discovered.
(b) After receiving a report under Subsection (a) of this section that an estray has been discovered on private property, the sheriff or the sheriff's designee shall notify the owner, if known, that the estray's location has been reported.
(c) After receiving a report under Subsection (a) that an estray has been discovered on public property, the sheriff or the sheriff's designee shall notify the owner, if known, that the estray's location has been reported, except that if the sheriff or the sheriff's designee determines that the estray is dangerous to the public, the sheriff or the sheriff's designee may immediately impound the estray without notifying the owner.
(d) If the owner does not immediately remove the estray:
(1) the sheriff or the sheriff's designee may proceed with the impoundment process prescribed by Section 142.009; or
(2) if a perilous condition exists, the sheriff or the sheriff's designee may proceed with disposition of the estray under Section 142.015.


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