OWNERSHIP OF ANIMALS 247 



A defendant who sold a horse, giving false pedi- 

 gree, showed that he could not read, and he be- 

 lieved that the pedigree made out by others was 

 true. The horse had passed through several hands, 

 and there were many horses of that pedigree in 

 the neighborhood. A verdict was returned that 

 he was not guilty of fraud.^- The Eevised Stat- 

 utes of Maine prohibited the sale of animals in- 

 fected with tuberculosis. A sold oxen to B, tak- 

 ing B 's note therefor. The oxen died of tubercu- 

 losis. A sued for the collection of the note, but 

 the court held that he could not recover if the 

 cattle were infected when they were sold.^^ 



An executory contract for the future delivery of 

 cattle of which the seller is not then the owner is 

 not void as a wagering of contract, where the par- 

 ties intend an actual delivery and acceptance. ^^ 



197. Ownership of Increase. According to the 

 common law the ownership of the increase belongs 

 to the owner of the mother,^^ in the absence of 

 contract or agreement to the contrary ^*^ (except 

 in the case of swans, etc.). Thus, in the replevin of 

 a mare and three colts, the ownership of the mare 

 was held to carry with it the ownership of the colts 

 which were conceded to be her offspring.^^ The 

 fact that one paid taxes on the mare, and paid 

 service fees, and expenses of rearing her colts, 



52 People V. Umlauf, 88 Mich. ss Stanfield v. Stiltz, 93 lud. 

 274, 50 N. W. 251. 249; Arkansas Val. L., etc., Co. 



53 Church V. Knowles, 101 v, Mann, 130 U. S. 69. 



Me. 264, 63 Atl. 1042. so First Nat. Bank v. Eieh- 



5^ Fletcher v. Jacob Dold meier, 153 Iowa 154, 133 N. W. 



Packing Co., 58 N. Y. S. 612; 454. 



affirmed 169 N, Y. 571, 61 N. 57 Dunning v. Crofutt, 81 



E. 1129. Conn. 101, 70 Atl. 630. 



