It shall be unlawful for any person, corporation or company or its employees or
agents to take up any estray and retain possession of the estray except as provided in
Chapter 77, Article 13 NMSA 1978.
History: Laws 1907, ch. 80, § 1; Code 1915, § 157; C.S. 1929, § 4-1501; 1941 Comp.,
§ 49-1501; 1953 Comp., § 47-14-1; Laws 1975, ch. 45, § 1; 1993, ch. 248, § 78.
ANNOTATIONS
Cross references. — For unbranded animals or those unaccompanied by bill of sale as
estrays, see 77-9-40 NMSA 1978.
For illegal confinement of animals, see 30-18-5 NMSA 1978.
The 1993 amendment, effective June 18, 1993, rewrote this section to the extent that a
detailed comparison is impracticable.
When horse not estray. — A horse whose brand was duly recorded and which was not
50 miles from its usual range was not an estray. State v. Miller, 1937-NMSC-076, 41
N.M. 618, 72 P.2d 1088.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 4 Am. Jur. 2d Animals § 66.
3A C.J.S. Animals § 123.
Notes of Decisions
Cited in
5
cases, 1991–2015 · leading case:
Moses v. Skandera, 2015 NMCA 036 (N.M. Ct. App. 2015).
Moses v. Skandera, 2015 NMCA 036 (N.M. Ct. App. 2015).
· cites it 4× “” NMSA 1953, §§ 77-13-1 to -14 (Vol. 8, 1967 Repl.”
State v. Neely, 819 P.2d 249 (N.M. 1991).
· cites it 2× “§§ 77-13-1 , -16a-1 to -6 (1990 & Supp. 1990).”
Wild Horse Observers Ass'n, Inc. v. N.M. Livestock Bd, 2016 NMCA 1 (N.M. Ct. App. 2015).
“See §§ 77-13-1 to -10. Surely, the Legislature did not intend to require that the Board search for the owner of wild animals, including sheep, bison, turkey, deer, elk, and other wild animals that are not domesticated, impound them, proceed to publish notification of the…”
Wild Horse Observers Ass'n v. New Mexico Livestock Bd., 2016 NMCA 001 (N.M. Ct. App. 2015).
“See §§ 77-13-1 to -10. Surely, the Legislature did not intend to require that the Board search for the owner of wild animals, including sheep, bison, turkey, deer, elk, and other wild animals that are not domesticated, impound them, proceed to publish notification of the…”
Moses v. Skandera (N.M. Ct. App. 2014).
· cites it 4× “” NMSA 1953, §§ 77-13-1 to -14 (Vol. 8, 1967 Repl.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.