State Codes and Statutes

Statutes > Nebraska > Chapter54 > 54-1_107

54-1,107. Recorded brand; evidentiary effect.A recorded brand is prima facie evidence of ownership of livestock and is admissible into evidence in any court in this state if the brand meets the requirements of and is recorded as provided in section 54-199. Other documentary evidence such as bills of sale or certificates of brand clearance transferring title from an owner to another party may also be introduced as evidence of livestock ownership in any court in this state. The recording of instruments of writing evidencing the sale, assignment, or transfer of a recorded brand gives notice to all third persons of the matter recorded, and certified copies are admissible in evidence without further foundation. In all suits at law or in equity, in any criminal proceedings, or when determining the ownership of estrays wherein the title to livestock is an issue, the certified copy of the record of a recorded brand or instrument of writing evidencing sale, assignment, or transfer of a recorded brand is prima facie evidence of the ownership of such livestock by the person possessing such livestock. SourceLaws 1999, LB 778, § 38. Annotations"Prima facie evidence of ownership" means that in the absence of other evidence, proof of ownership of the brand is sufficient to constitute a prima facie case which will withstand a motion for a directed verdict on that issue. Broken Bow Prod. Credit Assn. v. Western Iowa Farms, 232 Neb. 357, 440 N.W.2d 480 (1989).Ownership of brand is prima facie evidence of ownership of animal. Bush v. Kramer, 185 Neb. 1, 173 N.W.2d 367 (1969).Brand upon cattle is prima facie evidence of title. Coomes v. Drinkwalter, 181 Neb. 450, 149 N.W.2d 60 (1967).Registration of brand in decedent's name raised prima facie presumption of ownership of branded cattle. Whiteside v. Whiteside, 159 Neb. 362, 67 N.W.2d 141 (1954).Brand on livestock is only prima facie evidence of ownership which may be rebutted. Bendfeldt v. Lewis, 149 Neb. 107, 30 N.W.2d 293 (1948).Evidence of brands, and that defendant claimed title, held to support findings that cattle delivered to sale barn were those described in financing statement and government was entitled to recover proceeds to apply on secured loan by Farmers Home Administration. United States v. Pirnie, 339 F.Supp. 702 (D. Neb. 1972).