THE INCREASE OF ANIMALS. 47 



that the plaintifif acquired no title to the colt, his only remedy 

 being an action for breach of contract.''* The notice of the 

 breeding was held not sulificient to put the purchaser upon 

 inquiry as to any rights the owner of the stallion might have. 

 The court's statement that "there was nothing in existence 

 which could be the subject of sale," is however, opposed to 

 most of the authorities. 



When animals have been sold under an execution in trover 

 against A. to one who does not take possession of them, the 

 latter cannot afterwards claim to be the owner of animals sub- 

 sequently bred from the others, as against B., who had pos- 

 session of them when trover was brought.^'' 



In the case of a pledge of animals, their young, subse- 

 quently born, are also covered by the pledge as an accessory 

 thereto.^* 



The question how far a mortgage on animals covers their 

 increase will be discussed hereafter.^' 



18. Brands as Evidence of OwnersMp Where a brand is 



made by statute prima facie proof of "the ownership of the 

 person whose brand it may be," the ownership may be proved 

 to be in a person other than the one in whose name the brand 

 is recorded. "A brand is personal property and may be sold 

 and transferred as other personal property ; and the law does 

 not prohibit proof of the true ownership of a recorded brand 

 where the brand has been sold and become the property of 

 another than the person in whose name it was recorded." *** 

 A statute authorizing an inspector to seize and condemn un- 



" Bates V. Smith, 83 Mich. 347. 



" Scott V. McAlpine, 6 U. C. C. P. 302. 



^ Story Bailtn. § 292, citing I Domat, B. 3, tit. i § i, art. 7 to 10; Dig. 

 Lib. 20, tit. I, 1. 13, 29; Ayliffe, Pand. B. 4, tit. 18, p. 530. 



" See § 37, intra. 



" Chavez v. Ty., 6 N. M. 455. 



Proof of the purchase may be made by parol; it is not essential that a 

 bill of sale should be introduced in evidence: Ledbetter v. State, 35 Tex. 

 Cr. 195. 



