N.M. Stat. » Chapter 77 — Animals and Livestock
New Mexico Statutes

N.M. Stat. § 77-9-21 (2026)

Bills of sale; necessity and presumptions; definition of

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livestock. A. No person shall buy, receive, sell, dispose of or have in his possession any livestock in this state unless the person selling or disposing of such livestock gives and the person buying or receiving such livestock takes a written bill of sale giving the number, kind, marks and brand of each animal sold which meets the requirements of Section 77-9-22 NMSA 1978.

B. The possession of livestock without having a written bill of sale meeting the requirements of Section 77-9-22 NMSA 1978 is prima facie evidence of illegal possession against any person charged with theft, unlawful possession, handling, driving or killing any livestock.

History: 1953 Comp., § 47-9-19, enacted by Laws 1971, ch. 196, § 1; 1993, ch. 248, § 55.

ANNOTATIONS Repeals and reenactments. — Laws 1971, ch. 196, § 1, repealed 47-9-19, 1953 Comp., relating to sales of animals, bills of sale and prima facie evidence where person charged with theft, and enacted the above section.

Cross references. — For larceny of animals, see 30-16-1 NMSA 1978.

The 1993 amendment, effective June 18, 1993, substituted "Section 77-9-22 NMSA 1978" for "Section 47-9-19.1 NMSA 1953" in Subsections A and B; deleted former Subsection C defining "livestock"; and made minor stylistic changes.

Notes of Decisions
Cited in 4 cases, 1980–2011 · leading case: Paragon Found., Inc. v. State of New Mexico Livestock Bd., 2006-NMCA-004, 126 P.3d 577.
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Paragon Found., Inc. v. State of New Mexico Livestock Bd., 2006-NMCA-004, 126 P.3d 577. · cites it 4× “NMSA 1978, § 77-9-21(A) (1993). Possession of any livestock without possessing a bill of sale is presumed illegal possession of the animal under Section 77-9-21(B).”
O'BRIEN v. Chandler, 765 P.2d 1165 (N.M. 1988). “McCoy points out that under NMSA 1978, Sections 77-9-21 and 77-9-22, possession of livestock, including cattle, without the necessary documents of title is prima facie evidence that possession is unlawful.”
Perea v. Stout, 613 P.2d 1034 (N.M. Ct. App. 1980). “See § 77-9-21, N.M.S.A. 1978. There was an unbranded calf with a broken leg.”
Rhames v. Esparza, No. 31,306 (N.M. Ct. App. Sept. 15, 2011). · cites it 3× “19 First, as the district court noted, NMSA 1978, Section 77-9-21 (1993) and 5 1 NMSA 1978, Section 77-9-22 (1999), require that sales of livestock be evidenced by 2 a bill of sale containing certain evidence relating to the exact animal being sold, rather 3 than a signature on…”
N.M. Stat. § 77-9-21(A): 1 case
Paragon Found., Inc. v. State of New Mexico Livestock Bd., 2006-NMCA-004, 126 P.3d 577. “NMSA 1978, § 77-9-21(A) (1993). Possession of any livestock without possessing a bill of sale is presumed illegal possession of the animal under Section 77-9-21(B).”
N.M. Stat. § 77-9-21(B): 1 case
Paragon Found., Inc. v. State of New Mexico Livestock Bd., 2006-NMCA-004, 126 P.3d 577. “NMSA 1978, § 77-9-21(A) (1993). Possession of any livestock without possessing a bill of sale is presumed illegal possession of the animal under Section 77-9-21(B).”
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