POSSESSION OF COLT

Evening Star, Issue 26042, 5 March 1947, Page 9

POSSESSION OF COLT

CLAIMED BY PROMINENT OWNER

VALIDITY OF AGREEMENT The case was continued in the Magistrate’s Court yesterday afternoon before Mr J. D.. Willis, S.M., in which James Martin Samson (Mr A. ,G. Neill) claimed froan Timpany Brothers, of Woodlands (Mr A. Smythe), possession of *a colt foal, or in ■ the event that possession, could not he had, the sum of £250 as damages. Opening tjie case for the* detence, Mr Smytne explained that the mare had arrived at Woodlands in September, 1942, * 2nd whs served in the spring, hut without result. Further ; facta obtained by.; the defendants about . the mare indicated that she was a 'poor brood prospect. This, added to the expense which was being incurred in keeping tihe mare, a't no cost to the plaintiff, made it a far from satisfactory proposition. . The plaintiff, in discussing the matter, had told Mr T. M. Timpany to give the mare away, and Tinipany had asked that _ she should be given to him. The. written pedigree of the mare had been handed over at. the same time as the transfer papers were signed. Timpany; did not regard the mare as gratuitous, as the expense of keeping her for a long period had already been incurred. Evidence along these was given : by Thomas Marr, Timpany, who stated ’ that the plaintiff’s horses had been costing the witness a lot of money, ! but had been a dead loss. He had ' asked for Princess Argosy, with the continuing to attempt to breed from the maxe, in the hope of recouping some of the losses. He had noted the transaction as a purchase on the transfer papers, as he did not consider the mare had been a gift, in view of the services incurred. * Protracted legal argument was entered into by, both counsels, after . which the Magistrate announced that he would’ reserve his decision.