Duhaime's Law Dictionary


Agistment Definition:

The contract of pasturing one's animals with another.

Related Terms: Bailment

Agistment is a a form of bailment contract.An agreement between an animal owner (the bailor) and another person, usually a landowner, for the pasturing of the animal.

agistment"An agistment," wrote Justice Reavis of the Court of Appeals of Texas in the 1997 case of Hoye v LIke, "is a bailment whereby the bailee takes animals to pasture on land owned or controlled by the bailee. "

Similarly, in United States v. Henderson, Justice Norcross' judgment included these words on point:

"Agistment is the pasturing of cattle or similar animals (e.g. sheep or horses) as a bailee in consideration of an agreed price to be paid by the owner (the bailor). Delivery of animals pursuant to a contract of agistment constitutes a bailment of the animals."

The law of agistment comes with its own glossary:

  • Agist means ":To take to graze her pastor at a certain sum."1
  • Agister or Agistor : the person who takes control of the animals, the bailee.

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