WE HAVE JUST THE HORSE FOR YOU…
So I’m sitting on my horse, got my batwings on, ranch rope secured, about to head out to help doctor some Brahma Mamas way out on the West range (and you thought I wasn’t working…). The phone rings, its Ditz Wonne who runs a small boarding and training operation. Ditz, Ditzy as she’s known to her friends, never calls until the issue had matured into a full-blown problem. Not a good sign. “Ditzy, I said, I’m just heading out to doctor some Brahma Mama’s, can I talk to you later?” The very short version of the reply was horse sale gone real bad, need help now. What timing… I looked at my trusty cowhorse, Smoky, but before I could say anything he said:
“This is goin’ to take a while isn’t it.”
“Yeah, probably will” I replied.
“Ok, I’ll just mosey on over and visit the mares. Might check out the grass over on the other side of the fence too, it looks greener over there” was his reply.
“I’ll come find you when I’m done” I said as I turned back to the phone. Nothing like a patient horse…
The brief version of the situation was that one of ditzy’s students, Prissy, wanted her own horse; Prissy’s parents asked Ditzy to find one; One of Ditzy’s instructors, Almosa Growndup knew of a horse and brought it over to Ditzy’s place; No papers or proof of ownership accompanied “Imposter”; Prissy and others rode Imposter; No one was in a hurry till a week ago when Almosa told Ditzy she has to sell Imposter fast; No reason given for the sudden urgency; Prissy’s parent told need a decision soon; Prissy’s parents said would let her know at lesson time next week; Student Ima Inosent wanted Imposter too; The day before Prissy’s lesson Ditzy sells Imposter to the Inosents; Prissy arrives for her lesson, Mom finds out Imposter sold; Mom furious - calls dad; Dad furious; Dad comes out to Prissy’s place - Dad even more furious now; Dad says he had till now to purchase; Dad thinks Inosents did an end run; Dad thinks Ditzy did end run; Inosents arrive; not good; they didn’t know Imposter promised to Prissy; Prissy’s parents and Ima’s parents are friends; correction, were friends; dads yell at each other - a lot; Dads take break from yelling at each other and yell at Ditzy; Moms yell at everybody; both kids in love with Imposter; kids cry; Parents upset, tired of yelling; Parents glaring at Ditzy; Ditzy can’t remember what she said to whom; What a day…
Right about then, Smoky wandered back and said “the mares are all stuck up and the grass really isn’t greener on the other side of the fence after all, I’m bored, and hungry. Where is the Oatmeal Apple treats?”
I asked Ditzy to hang on for a second and turned to Smoky saying “its ‘where are’ and you finished them up, there are some others in the truck next to your favorite Taylor Swift cd. Let me get done here” and turned back to the phone.
The summary continued: Someone named Maddas Hull just called; says Imposter’s real name is ‘Trouble’; Trouble belongs to her; Something about horse theft, sheriff and jail; Ditzy and assorted parents look at Almosa; Almosa’s dark tan pales to the shade of a marshmallow; Might I have any thoughts on the subject?
Before I could respond, Smoky, who was now crunching on carrot treats in my ear, said “I’d run like you-know-what”. As I glared at my most opinionated horse, Ditzy said:
“I didn’t quite catch that, can you repeat it?”
I replied “Since everyone’s there, let’s start with Almosa. Do you, or did you, own the horse that you brought over to Ditzy’s”?
“No”.
“Does your mother own that horse?”
“Well, yeah, kinda”.
“Does Maddas own that horse”?
“Er, uh, sorta…”.
“You understand that taking something that is not yours is theft - horse theft in this case and your mother might also be charged as an accessory to horse theft”?
“Oh, not so, I had a right. Maddas was boarding the horse at my mom’s place but she hasn’t paid the bill. So we have a lien on him and I had a right to sell him and no one can do anything about it - besides its too late, I got the money and I won’t give it back”.
I replied, “I don’t agree, nor do I think the dude in the black robe will agree. Since horse theft is a class 2 misdemeanor you might not like to find out how much jail time the black-robed dude gives you.”
I continued, “Let’s clear a few misconceptions up. First, whatever claim your mother may have, it’s not your claim. Therefore, at the very least, you have committed horse theft. Second, if your mother has a valid claim for unpaid stable fees then, her valid claim creates an equitable interest in Trouble for unpaid stable fees. However, she can’t just sell him. In order to convert her equitable interest in Trouble into an enforceable lien she has to perfect her claim by filing in court and obtaining a judgement from the court. Only then does she have a valid lien.
“Did your mother file her claim?”
“Well, I, er, uh, er, uh… no.”
“So, Maddas still retains legal title to Trouble. I’ll bet that Maddas wanted to know where Trouble was and that’s why the sudden urgency to sell. I’d also bet that you figured that once you got the money Maddas would be out of luck and you and/or your mom would just keep the money. That about right?”
“Well, possession is 7/8ths of the law - everyone knows that, so too bad for Maddas” was the smug reply.
“Good, when the sheriff gets here you can tell him that and see if he only arrests 7/8ths of you”.
“Yeah, right, your not serious” said Almosa in a rather less smug voice.
“Quite serious. Remember, you could get up to four months imprisonment. Still want to go with the possession is 7/8th notion?”
“Uh, maybe not…”
Smoky rolled his eyes… Being somewhat more charitable, I said “I’ll take that as a ‘no, I want out and I will do whatever it takes to make this right’.
So here’s what we do. Inosents get their money back - now. Inosents, give Trouble back to Ditzy. Ditzy, call Maddas and tell her that you are going to return Trouble to the Growndup ranch two hours from now at which time you will have Mom Growndup sign a release acknowledging that you have returned Trouble in the same condition as when he left. Then you and the parents are done with Trouble. Parents, understand that no one tried to set anyone up, it was a simple misunderstanding. As you all know, Ditzy runs a excellent operation, she will find good horses for the kids.
Almosa, you have a long list of folks that you need to square things up with and the possibility of criminal charges still remains. You might start making amends right now…”
Is it a true story? You bet, reality is always crazier than fiction.
Daniel Rosenfield’s practice in equine and ranch matters is enhanced by his experience in business law and litigation. For more information on pitfalls to avoid when selling or buying a horse please send you request to drosen@mrbusinesslaw.com. Phone: (480) 609-9700, mrbusinesslaw.com
