OWNERSHIP OF ANIMALS 249 



a levy on the dam is also held on the levy.^*^ 

 In an action brought for the conversion of an 

 animal with foal, as by unauthorized sale, if the 

 mare gives birth to the colt the fact must be 

 brought to the knowledge of the juiy, or there will 

 be no future redress in the matter.^"^ 



The unboni colt may be the subject of a trans- 

 fer of ownership. A promise to deliver the in- 

 crease of animals is a good consideration for their 

 use.*'^ An agreement for valuable consideration 

 to deliver the first female colt of a certain mare 

 was a valid sale, though the colt was not then in 

 existence.^^ Two persons, one the owner of the 

 horse, and the other the owner of the mare, made 

 a contract that a third party, an infant, should 

 have the increase. This was held valid as against 

 the claims of ownership through the mare.^*' A 

 told his minor son B that if he would take a mare 

 belonging to A to horse, and pay for the same, the 

 colt should be his. It w^as held that B had own- 

 ership in the colt as against the creditors of A.'^^ 

 Where a mare is sold on conditions, the seller re- 

 tains ownership in the colts until the fulfillment 

 of the conditions.'^^ 



198. Proof of Ownership. A properly executed 

 bill of sale is the best possible evidence of owner- 



66 Talbot V. Magee, 59 Mo. Dec. 262 ; Hull v. Hull, 48 Conn. 

 App. 347. 250, 40 Am. E. 165. 



67 Garth v. Everett, 16 Mo. ti LinnendoU v. Doe, 14 

 490. Johns. 221. 



68 Putnam v. Wyley, 8 Johns. ^2 Buckmaster v. Smith, 22 

 432, 5 Am. Dec. 346. Vt. 203; Elmore v. Fitzpatrick, 



69 Fonville v. Casey, 1 Murph. 56 Ala. 400 ; Faith v. State, 32 

 (N. C.) 389. Tex. 373; Espy v. State, 32 Tex. 



ToMcCarty v. Blevins, 5 375. 

 Yerg. (13 Tenn.) 195, 26 Am. 



