When anyone has or shall receive from the owner thereof any horses, cattle, sheep or goats under written contract, for the herding or caring for the same for pay or on shares, or in any other manner, except by absolute purchase, such horses, cattle, sheep and goats, together with the increase and product thereof, at all times, and until the full completion of such contract according to the terms thereof, shall be and remain the property of the said owner or owners so letting them out to be herded or cared for; and the person or persons so receiving the same for such purpose shall have no authority or right to sell, transfer, mortgage or dispose of the same, or any part thereof, in any manner whatever, without the express consent in writing of the owner or owners thereof.

History: Laws 1882, ch. 67, § 2; C.L. 1884, § 78; C.L. 1897, § 96; Code 1915, § 42; Laws 1923, ch. 14, § 6; C.S. 1929, § 4-316; 1941 Comp., § 49-1207; 1953 Comp., § 47-12-7.

Owner retains title under partido contract. — A mortgage made by one in possession of animals under a partido contract from the owner is void as against the owner; and the owner is not estopped from asserting his title by reason of allowing them to remain in possession of the mortgagor. Encino State Bank v. Tenorio, 1922-NMSC-026, 28 N.M. 65, 206 P. 698.

Owner retains title only as to aliquot part of flock. — Where sheep belonging to different owners were run in one flock under partido contracts, and were of the same kind or value, although intermingled by the negligence of one party, and the numbers were greatly decreased because of two dry years, plaintiff in an action of replevin was entitled only to such aliquot part of the entire number of sheep as she was able to show rightly belonged to her. Page v. Jones, 1920-NMSC-039, 26 N.M. 195, 190 P. 541.

Person in charge has no power to dispose of flock. — Under a "partido" contract which calls for the return of a like number and kind of animals at the expiration of the contract, the original animals and their increase remain the property of the original owner until the full completion of the contract, and the person having such animals in charge has no power to dispose of them until his title thereto has vested. Milliken v. Martinez, 1916-NMSC-044, 22 N.M. 61, 159 P. 952.