258 ESSENTIALS OF VETERINARY LAW 
collectable.2” 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 service fees; and 
a similar lien is recognized in the common law so 
long as the mare remains with the owner of the 
stallion.22 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 born.?* 
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.24 So, also, in Tennessee it was held 
that the len established by the law of 1879 is 
paramount to the right of a mortgage of a mare 
while 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 Pitcheock v. Donnahoo, 70 23 Sawyer v. Gerrish, 70 Me. 
Ark, 68, 66 S. W. 145. 254, 35 Am. Rep. 323. 
21 Aubuchon v. Pohlman, 1 24 Tuttle v. Dennis, 58 Hun, 
Mo. App. 298. 35, 11 N. Y. Sup. 600. 
22Scarfe v. Morgan, 4 M. & 25 Sims v. Bradford, 80 Tenn. 
W. 270; Grinnell v. Cook, 3 434. 
Hill 485, 38 Am. Dec. 663; 
Jackson v. Holland, 31 Ga. 339. 
