258 ESSENTIALS OF VETERINARY LAW 



collectable.^'* Where the contract for the service 

 of a jack called for the purchase of a mule colt 

 for ten dollars ; otherwise the owner was to receive 

 nothing, it was held that there was no insurance.^^ 



208. Liens for Service. A lien on the mare or 

 her colt, or both, may be established by statute or 

 by contract, for the payment of sendee fees; and 

 a similar lien is recognized in the common law so 

 long as the mare remains with the owner of the 

 stallion.-- A's mare was served by B's stallion, 

 whereupon A agreed in writing to pay B twenty 

 dollars, twelve months from date, if his mare 

 proved with foal, ' ' colt holden for payment. ' ' It 

 was held that this was a contract in the nature of 

 a mortgage attached to the colt when bom.^^ 



The lien for the service of a stallion, provided 

 by the New York statute of 1887, exists from time 

 of service, and one who purchases a mare after 

 service, but before filing of the notice of lien, and 

 before expiration of time, takes her subject to the 

 existing lien.^'* So, also, in Tennessee it was held 

 that the lien established by the law of 1879 is 

 paramount to the right of a mortgage of a mare 

 w^hile in foal, although the mortgage was regis- 

 tered before the foal was dropped. ^^ A judgment 

 under the statutory lien, where the mare is sold, 

 applies not on the new owner, but as a lien on 



20 Pitchcoek v. Donnahoo, 70 23 Sawyer v. Gerrish, 70 Me. 

 Ark. 68, 66 S. W. 145. 254, 35 Am. Kep. 323, 



21 Aubuchon v. Pohlman, 1 24 Tuttle v. Dennis, 58 Hun, 

 Mo. App. 298. 35, 11 N. Y. Sup. 600. 



22 Scarfe v. Morgan, 4 M. & 25 Sims v. Bradford, 80 Tenn. 

 W. 270; Grinnell v. Cook, 3 434. 



Hill 485, 38 Am. Dee. 663; 

 Jackson v. Holland, 31 Ga. 339. 



