# We gave a horse to friends, do we have rights to get her back



## Ray MacDonald (Dec 27, 2009)

I'd say so, since you didn't actually sell her.


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## Jenn73 (Jul 9, 2011)

Thank you, for your advice


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## Ray MacDonald (Dec 27, 2009)

No problem, good luck with everything!


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## JustDressageIt (Oct 4, 2007)

Depends. It will be a he said/she said type of thing, and some states do have laws about verbal contracts; though how well one would stand up in court is iffy at best. If she doesn't want to give the horse back to you, you would have to go to some sort of court system (small claims perhaps?) and that will cost time and money. 
Have you talked to her about offering to take the horse back since she's pregnant?


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## corinowalk (Apr 26, 2010)

That is what I was thinking. Unless you have documentation that the horse is still yours (registration papers in your name, coggins papers in your name, brand inspection in your name) possession is still going to trump you wanting her back. 

If she is truly a friend, why not offer to take her back out right. A friend should be able to handle you being concerned.


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## Speed Racer (Oct 21, 2009)

How long have they had her? Possession is 9/10ths of the law, and if they can prove they've paid the majority of her bills for at least 6 months, you'd have a heck of a battle in court trying to get her back.

If you gave the animal away you don't really have any rights to her, regardless of how well or not your friends keep her. Unless you have a written contract that clearly stipulates the mare is to come back to you should her care suffer, you're probably out of luck.

So I guess what you're trying to say after the fact is that it was a free lease and not a giveaway, with conditions as to how the mare should be kept or she'd come back to you.

I'm thinking you legally don't have a leg to stand on, and should you 'repossess' the mare, the current owners could charge you with theft.


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## Saddlebag (Jan 17, 2011)

Why not ask if the owner would like you to take the mare back since she is stretched financially. Since you gave her the horse in lieu of payment for taking care of your horses, perhaps offer her the fair value of the work she did. She just might go for it.


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## Ace80908 (Apr 21, 2011)

Are you in a state with brand inspection laws? In colorado, whoever has the brand inspection owns the horse, regardless of bills of sale, registration papers, whatever. Brand Inspection trumps all.

If not, I believe that they are the legal owners - unless you lie in court about actually giving them the horse. I'm sorry to hear about your mare, though. Maybe bite the bullet and buy her back from them - in the end, it may be the only way to get her back.


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## JustDressageIt (Oct 4, 2007)

Ace, I would be shocked to hear BI trumps sales contracts....
_Posted via Mobile Device_


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## WickedNag (Sep 7, 2010)

Offer to buy her back. Don't lie and try to get around the fact you gave the horse away. Your word should be good and you should have enough respect for yourself not to be deceitful. So if they don't want to give her back off them cash... money usually talks pretty loudly


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## waresbear (Jun 18, 2011)

Was the mare in foal when you gave her to them?


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## StormvaleQHStud (Dec 16, 2010)

Ha fully JDI so would I!!! Possession is 9/10ths of the law in Australia dunno about over there. I know coz a lady gave me my qh x mare who was a mess and she was bad with her. 2yrs later she tried to get her back when she saw how dead quiet she is now and even stooped so low as trying to report her as stolen. To which the police said to her you made a verbal agreement with her (me) so we cannot do anything. If you try to take the mare back the new owner (me) can have you charged for theft!! So I told her to go shove it practically. Seeing as when I got her I couldn't tie float load saddle catch trim hooves or even pick up her feet and three years later (now) she is the most highly trained NH horse I have and am happily excited for her first foal next year )))). In your case I wish possession wasnt all that matters coz your situation is reversed to me the new owner is the bad one an you are the good one. I would suggest offering to buy her back at the cost of all the cost and care it has cost your "friend" so far with her and I hope you succeed 
_Posted via Mobile Device_


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