Is there a law in LA that states that a person can take back a gift if they they think you are misusing it? My sister is being threathened with this.

Situation: Over a year ago my sister was approached by a thrid party and asked if she would be willing to accept a horse. The horse had bad foot abcesses and could no longer barrel race. The owners were considering euthanising the animal. AT the time the owners thought the horse had a condition called navicular which is permananet and debilitating. After talking to the owens a ferrier and a vet my sister agreed to accept the horse. Now after many months of hard work, ferrier care monthly, and vet visits the horse is healthy. The vet and ferrier both agree the horse is sound and shows no evidence of having navicular. My sister would like to breed the horse. The previous owners are now stating that they gave her the horse under the condition that she never breed or race the horse. No such conditions were ever made. Nothing was ever put in writing so my sister can't prove that there were no conditions but as the horse is registered the previous owners signed over the horses registration to my sister. At this time a lawyer is calling my sister daily and stating that under a LA law they can take the horse back because they say the horse has navicular and breeding her would be cruel and painful.

Apparently they are saying this law states that if a person feels a gift is being misued/ mistreated they can take it back. I have tried to find this law and can find nothing but a few laws regarding gifts to family members and they do not apply to this.

To me this seems like bullying. In my opinion the previous owner sees how good this expensive horse is doing now and wants it back so they are trying to strong arm my sister into relinquishing it to them. They know my sister does not have the money to hire lawyers.


Please help if anyone could 1. tell me if this law exists or 2. what the laws are regarding gifts 3. Advise me on any recourse my sister has legally.

We have considered buying the horse from her so this woman can't keep coming after her and since we do not know her and have never had any contact with her she can't say we agreed to anything.

Thanks so much for any help or advice.
Cat

Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.

Yes, I have searched and the only thing I could find was laws regrading inheritance and gifts to family members nothing that applies here.

Nothing in writing ALSO means that the original owners can't substantiate that the agreement was ever made. Courts work on EVIDENCE. No evidence here.

Even IF it would be considered cruel and painful, that doesn't inpart ANY legal standing to the gifter or to ANY other private individual. The law isn't a "self service" process. It's a process of courts that allows one's private property to be taken away, not the decision of individuals who don't like what you do with their gift. If they feel the animal is being treated inhumanely, they need to report that to the local ASPCA, Humane Society, law enforcement agency, or whomever has jurisdiction to act on cruel treatment of animals. THEY, and only they, have the power to deprive you of the animal without the judgement of a court. Nothing in there gives any private individual right to reclaim or take ownership of the property of another. If you question any of that, do two things: ask the attorney to either provide the relevent statute or administrative order for your state that creates this bogus way for private property to be taken by another private individual, or, call your local ASPCA, Humane Society, or law enforcement agency and ASK them.

Bunk.

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