NATURE OP THIS PROPERTY. 43 



tic animals, as horses and other beasts of draught, and of all 

 animals domita naturae which serve for food, as neat or other 

 cattle, swine, poultry and the like, and of their fruit or produce 

 taken from them while living, as milk or wool, larceny may be 

 committed ; and also of the flesh of such as are either domitce 

 or fercE natures, when killed." ® So of eggs.* But "there is 

 not known in practice and cannot be in law such a union of 

 interest or title or partnership in animals as that one party 

 shall own the carcass, the other the wool, the hair or the 

 feathers." ^ And with reference to the taking of milk, wool, 

 etc., it has been said that to make the act felony it must be 

 "done fraudulently and feloniously and not merely from wan- 

 tonness or frolic; which must be collected from concurrent 

 circumstances, such as the quantity taken, the use to which it 

 is applied, the behavior of the party, etc." * 



17. The Increase of Animals — The increase of live stock be- 

 longs to the owner of the dam except where it is hired ; in the 

 latter case the offspring belongs to the usufructuary.''' The 



'4BI. Com. 235. And see Rex v. Martin, i Leach C. C. 171. And it 

 has been held that dead pigs, buried three feet below the surface, are the 

 subjects of larceny though there was no intention of digging them up 

 again or of making any use of them: Reg. v. Edwards, 13 Cox C. C. 384. 



' 2 East P. C. 614. ° Hasbrouck v. Bouton, 60 Barb. (N. Y.) 413. 



° 2 East P. C. 617. 



' Hazelbaker v. Goodfellow, 64 111. 338; Stewart v. Ball, 33 Mo. 154; 

 White V. Storms, 21 Mo. App. 288; Leavitt v. Jones, 54 Vt. 423; Ark. Val. 

 Land & Cattle Co. v. Mann, 130 U. S. 69; Wood v. Ash, i Owen 139. 



Paying taxes on a mare and service fees and expenses of rearing colts, 

 with the owner's consent, does not give a title to the colts : Morse v. Pat- 

 terson, I Kan. App. 577. 



See 47 Cent. L. Jour. 351, 371, 411, 432, 489; 48 id. 39, for a discussion 

 of the following question: "A., desiring six beef cattle, employed a drover 

 to purchase the same for him. The drover sent out his buyer to purchase 

 these six and also to purchase six other beef cattle for the drover himself. 

 The buyer purchased the twelve cattle, according to instructions, but by 

 mistake delivered five of them to A. and seven of them to the drover, 

 his employer. Before A. discovered the error, one of the seven cows de- 

 livered to the drover gave birth to a calf. What are the respective rights 

 of the drover and A. in the calf?" 



