McAfee & Taft AgLINC Agriculture & Equine Industry Newsletter - July 2012: Risks of distraint by Jeff Todd.


[author: Jeff Todd]

My article in the February 2012 AgLINC newsletter regarding the legal right to “distrain” straying animals (“When Leonard Harkerlivestock stray: Landowner rights under Oklahoma’s fencing law”) did not address the additional risks of handling other’s animals.

In September 1888, Leonard Harker’s neighbor’s sheep were habitually escaping their enclosure near Missouri Valley, Iowa. Leonard distrained the sheep so they would not damage his fields and his neighbor could retrieve them. Unfortunately, the neighbor accused Leonard of stealing the sheep and shot and killed him. Leonard died on September 9, 1888, at the age of 49 and left 7 children. He was my great, great, great grandfather.

Proper communication with the authorities and the owner of straying livestock (if possible) is important in avoiding such calamity.


                                                                                                                                      Leonard Harker (circa 1880)




DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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