Legal Question in Business Law in Texas

A horse is a horse

on april, 1993 a thief broke into the stable in Lexington, KY and stole a young horse. He then transported the horse to Florida, Where he sold him to a fence for $1,000. The fence then sold the hors to a man , who owned several race horses for 3,000.He man had no knowledge that the horse was stolen. When the horse was old enough to race, the man began to enter him in races and the horse did quite well. One race was seen by the man who orginally owned the horse and stable, while he was vactioning in Flordia. He thought that he recognized the horse from his distinctive markings,

Assume that the owner of the horse and stable can prove that

Would he succeed in a suite to recover the horse from the present owner? Why or why not? If he would, what legal recurse would the current owner have? If not, against whom should the stable and past horse owner proceed ?


Asked on 6/01/02, 12:12 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: A horse is a horse

Chances are the original owner will succeed, since the seller can only give as good a title as the seller has; the thief did not have good title to begin with, so all subsequent sales were no good.

The current owner would then be in a position to sue the fence, for whatever that may be worth.

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Answered on 6/03/02, 12:29 pm


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