TITLE II. 

 TRANSFER OF PROPERTY. 



CHAPTER II. 



ESTRAYS. 



39. What is an estray. 40. Rights and liabilities of the 



taker-up of an estray. 



39. What Is an Estray — Another mode by which property 

 in animals is transferred is by the act of the animal itself, so to 

 speak, or of a third person, i. e., involuntarily so far as the 

 owner is concerned. An animal found wandering may be 

 taken up by the finder, advertised and sold, in accordance 

 with statutory provisions, the proceeds, deducting expenses, 

 being returned to the owner if he is ascertained. This whole 

 subject is one regulated by statute and, therefore, requires 

 but brief discussion here. 



An estray is usually defined to be a wandering beast whose 

 owner is unknown at the time to the person who takes it up.' 

 And an animal is not an estray where the person distraining 

 it knew who had charge of it and where it was kept, though 

 he did not know who the owner was.'^ But the word has been 

 held to have a wider significance under the Texas statute. 

 "The qualification of the owner being unknown is not at- 



' Roberts v. Barnes, 27 Wis. 422; Lyman v. Gipson, 18 Pick. (Mass.) 

 422, 426; Walters v. Glats, 29 la. 437. 



For the meaning of "stray beast in a sufifering condition," see Sturges 

 V. Raymond, 27 Conn. 473. 



' Lyons v. Van Gorder, 77 la. 600. 

 114 



