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 jury, or there will 
be no future redress in the matter.® 
The unborn 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.°8 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.7° 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 was 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. 
App. 347. 
67 Garth v. Everett, 16 Mo. 
490. 
68 Putnam v. Wyley, 8 Johns. 
432, 5 Am. Dee. 346. 
69 Fonville v. Casey, 1 Murph. 
(N. C.) 389. 
70McCarty v. Blevins, 5 
Yerg. (13 Tenn.) 195, 26 Am. 
Dee. 262; Hull v. Hull, 48 Conn. 
250, 40 Am. R. 165. 
71 Linnendoll =v. 
Johns. 221. 
72 Buckmaster v. Smith, 22 
Vt. 203; Elmore v. Fitzpatrick, 
56 Ala. 400; Faith v. State, 32 
Tex. 373; Espy v. State, 32 Tex. 
375. 
Doe, 14 
