# intrusting question



## Vidaloco (Sep 14, 2007)

Without a written agreement I don't see how the stud owner would have any rights to the foal. 
I think the only recourse would be a complaint to the aspca or local agency.


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## Spyder (Jul 27, 2008)

The stallion owner should have done something the minute they found out that someone put a mare in the field without their permssion.

They had an actionable claim at that time. If the stallion owner sat on this information they are in essence stating they are satisfied with the mating of these two horses. That in effect is agreeing that the foal belongs to the mare owner.

The stallion owner could have had the mare owner arrested for tresspassing, using a service (the stallion) without payment (stud fee) and potential damages if the stallion was injured. 

Now if that field was not the property of the stallion owner then that is a nuther ball o' wax !


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## Midwest Paint (Oct 21, 2008)

Spyder said:


> The stallion owner should have done something the minute they found out that someone put a mare in the field without their permssion.
> 
> They had an actionable claim at that time. If the stallion owner sat on this information they are in essence stating they are satisfied with the mating of these two horses. That in effect is agreeing that the foal belongs to the mare owner.
> 
> ...


Spyder is right on about this. You may want to check into your states laws about this, as each state is different and laws accordingly. This type of incident would be based more on a civil matter, then a criminal matter. With the exception of the trespassing. The stalion owner in most cases would be viewed as the responsible party, therefor unless under contract, the stalion owner could negate any responsibility to the breeding, which makes registering impossible, and in some cases (depending on state) would cause fines to the mare's owner when brand inspections are completed.


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