In all suits at law or in equity or in any criminal proceeding when the title to animals is involved or proper to be proved, the certified copy provided for in section 35-43-106 shall be prima facie evidence of the ownership of such animal by the person whose brand it may be. Proof of the right of any person, association, or corporation to use such brand shall be made by a copy of the record of same, certified to by the state board of stock inspection commissioners by its secretary or the brand commissioner.
Source: L. 13: p. 144, § 8. C.L. § 3126. CSA: C. 160, § 10. CRS 53: § 8-2-10. C.R.S. 1963: § 8-2-10.
ANNOTATION
Registered stock brand is prima facie evidence of ownership of cattle bearing it. Thomas v. Seloom, 80 Colo. 189, 250 P. 381 (1926); Weaver v. First Nat'l Bank, 138 Colo. 83, 330 P.2d 142 (1958).
But such evidence is not conclusive for it would result in a strange paralysis of the livestock market, if, after the brand had been burned on the hide of an animal, such brand should be taken as a conclusive presumption of ownership; if it were so, no branded animal could ever be sold. Howry v. Sigel-Campion Livestock Comm'n, 80 Colo. 143, 249 P. 658 (1926); Cahill v. People, 111 Colo. 29, 137 P.2d 673 (1943).
It may, therefore, be overcome by other evidence of ownership. Debord v. Johnson, 11 Colo. App. 402, 53 P. 255 (1898).
Applied in Thomas v. Seloom, 80 Colo. 189, 250 P. 381 (1926).