Negotiating for La Yacata–The Preliminary Meeting

pozo hole driller

This is the machine that drilled the hole that pretends to be a well.

Everything takes much longer than anticipated in México. That is especially true of legal issues. More than a year and a half since the first demanda (lawsuit) we were still struggling to pay the lawyer his due. The second demanda (lawsuit) had not been resolved. And the third demanda (lawsuit) was also at a standstill.

As both Chuchi and the perforador del pozo (well-hole driller) had approached R2 after the last court appearance, (See Demanda 3–What the….?) Super Prez decided to take advantage of that and see if we could close up once and for all these infernal demandas (lawsuits).

Super-Prez, G, the new secretary that replaced R1 who had abdicated to the U.S., me and R2 our lawyer, had a preliminary meeting. We wanted to know where we stood and what legal options we had.

G and I arrived promptly at 5. At 5:15, Super Prez called me and said he was nearly there. R2 didn’t arrive until 5:30. In the meantime, we brought G up to date on the third demanda (lawsuit).

Super-Prez stepped out for drinks and gum. While he was gone, R2 began blustering about how albañiles (bricklayers) are all drunks, that they live in crappy houses and that they never try and better their positions in life. I listened for a bit but finally had to say that my husband was a bricklayer and that my house was well constructed and we were bettering our lives. It didn’t seem to phase him. He said that there was an exception to everything and that my husband must be an exception.

Needless to say, this didn’t set a positive tone for our meeting, at least from my point of view. But, down to business.

We wanted to know what the consequences would be for Chuchi and the pozo guy should they lose. As all signs point to their loss, we wanted to know if we had anything to tempt them with so as to end this a bit earlier.

R2 said that it could be penal and incur jail time, but he wasn’t clear on how much.

Then we wanted to know what would happen if they lost and appealed the judge’s ruling. I was especially interested in this point because my father-in-law’s court case has now been moved to Guanajuato since the Moroleón police refuse to admit guilt. (See On Life and Liberty).

R2 said that either party could appeal and that the case would be moved to a higher court in Guanajuato.

We also wanted to know how much R2 was going to charge us for these 3 court cases so as to deduct that amount from any offer we made to the pozo guy.

R2 hemmed and hawed about his answer, talking about his being more than fair in waiting for money and percentage rates and how even though the case wasn‘t active that didn‘t mean he wasn‘t working on it and I don‘t remember what else. I finally stopped him and told him the reason we were interested was to have an estimate to include in our calculations, not to argue about his pay. So he gave a rough figure of $300,000, 15% of the total amount of first demanda (lawsuit), and 10% of the subsequent demandas (lawsuits).

As R2 continued his monolog on our cases, he muddled up the issues, confusing the second demanda (lawsuit) from Chuchi over water right permits and this demanda (lawsuit) over a pagaré (promissory note) of $500,000 pesos. Super Prez wanted to know if we could obligate Chuchi to pay to pozo guy, but it didn’t seem like we could.

So all in all, we thought to offer the pozo guy $500,000 minus legal expenses, thus $200,000 providing we have legal rights to the perforation. We also wanted the copies of the original permit to drill and the well study that proved that the perforation could be used as a water source. R2 thought our offer was laughable and said as much. We thought we could up the ante as much as $250,000 but we didn’t feel that it was fair that we should pay legal expenses over something not caused by us. We also would be clear in saying that we would be willing to make this deal even though the well had been drilled in an area outside the deeded area called La Yacata.

We decided that any negotiation with Chuchi would take place after we met with the pozo guy and would depend on whether or not he had the water rights permit in his possession. As Super Prez learned on good authority that those certificates had been returned to the seller after the seller had taken out a lien on Chuchi’s house, we were pretty sure he didn’t have them and, therefore, had nothing we were interested in.

R2 wanted to know why we hadn’t put a demanda against Chuchi when he had been conducting meetings when he was no longer the president of the association. (See Who’s in charge?) I said that we had tried but as the legal representative–president J– hadn’t shown up that day, the Public Ministry had shut the door in our faces. Seems like we lost the opportunity there.

Although I think we still might be able to put a counter-lawsuit against Chuchi on the basis that he endangered our properties by these legal proceedings. Those of us that are living there also are at risk of losing our homes because of his shenanigans. Plus, we still do not have running water, electricity or sewer. I will have to ask some more on this issue I think.

So, we arranged to contact the pozo guy and set up a meeting for the following week.

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Beauty’s babies–A horse of a different color

beauty and spirit

After Red disappeared, we were left with an increasingly pregnant Beauty. She couldn’t be ridden, her belly was so wide that it was nearly like doing a split to sit on top. She couldn’t be worked, the plow wouldn’t fit around her middle anymore. So she ate and ate.

I admit, we neglected our animals a bit during the hospitalization and subsequent funeral and novena of my mother-in-law (see on life and libertymass and burial Mexican style, El velorio viewing and wake and la novena). We barely had time to throw some food and water at them and then run up the hill to do the same for my father-in-law’s animals, before we headed back to town to attend to all that was involved. During one of these lapses, Beauty somehow got tangled up in her lead line and fell. We untangled her, and she seemed no worse for wear, but surprised us the next morning with a new potrilla (colt) which we are pretty sure came at least 2 weeks early. She was quite a handful, this little filly and we named her Spirit. She often reared up on her hind legs when approached and even knocked over both my husband and my moto with her frenzies.

holding back spirit

Spirit was quite a handful!

A few months later, my husband decided he couldn’t care for the horses anymore and sold both Beauty and Spirit. Beauty was pregnant again, so the new owner felt like he got quite a bargain. For a time, we were horseless. The new owner sold Spirit but kept Beauty, and as he housed her in La Yacata, we often saw her. She seemed sad and underfed. Then, some months later, hoping to receive his U.S. visa permit, the new owner sold his vehicles and livestock. My husband was all in a lather to get Beauty back.

Again, he made payments and scrimped and saved, and bought Beauty a second time. We were back to one horse, and pregnant.

red rag

A red cloth is tied in a mare’s mane to ward off the chance of miscarriage during eclipses.

My husband immediately made her a better corral next to the house, set about fattening her up on the lush green grass of the rainy season and tied a red rag in her mane. When I asked about that, he told me that the red cloth was to protect the pregnant mare from eclipses. As near as I can figure, it’s a practice meant to guard the fetus against being aborted during certain “dangerous” times of the lunar cycle. Cows are also subject to the changes of the moon, and pregnant heifers are adorned with a red cloth tied to their tails. Goats and donkeys, as their value is less, apparently do not need this extra talisman, since the owner would lose less in case of miscarriage.

Then the waiting began. A mare has a gestation period of 340 days, about 11 months. My husband hadn’t marked the date of the maquila (impregnation) and now was all afire with impatience for the birth. June passed, and Beauty’s belly was enormous, but her udder hadn’t swollen yet. My husband, son and I took bets on whether the colt would arrive the 13th (me) the 14th (my son) or the 15th of July (my husband). Well, the 16th came and went and no caballito. Everybody in the neighborhood had an opinion of when the blessed day would arrive. Some said it depended on the moon. A new moon or full moon would bring on labor. Some said it was exactly 11 months and 2 weeks from time of conception. Some said if it were a boy, it would take a few days longer. There was even some speculation on twins based on the size of Beauty’s belly, although twinning in horses is extremely rare.

My husband had me consult the horse reference book, but it didn’t give the magical day. Every day, he checked her udder for ripeness. But Beauty wasn’t about to be rushed. It wasn’t until July 28th at 10:30 at night that the new colt made her appearance. And my husband wasn’t even home!

shadow

Beauty and Shadow and proud Poppa!

My son and I ran out in our PJs to get the first glimpse. It wasn’t much of a glimpse because the colt was all black, as is Beauty and the sun had already set, but it was enough for us to see that the little one was healthy, alert and well formed. In the morning, we all gathered around and commentated on her size, she seemed smaller than Spirit had been, about her color, all black with a small white marking on her forehead and two little heels of white, and her disposition, she was very friendly and not at all skittish as had been her elder sister. We named her Shadow.

My husband was a bit disappointed she wasn’t a little stallion, but honestly, I think for us it is better to have all females and rent-a-stud when necessary, rather than have a fully hormonal male on premises.

All that next day, my husband, as proud poppa, received visitors, mostly the same men that had gathered to watch the breeding process. They came to look the colt over and make commentary. The previous owner came and nearly cried when he saw Shadow–regretting he had sold his livestock for a visa that was never given. The man who wanted to trade 10 borregas (sheep) for Beauty came to negotiate–but my husband decided he wasn’t interested in selling anymore. Several men who own stallions-to-rent for the maquila (breeding) came to see if my husband was interested in their services (mares will go into season about a week after they give birth, so he had a small window to find a stallion he liked and that was affordable–most maquilas are between $800 and $1500 pesos for 2 visits.) The visitors came from morning until early evening. By then, my husband had gotten over his disappointment and had begun building castles in the air with his future animal kingdom.

shadow front

Just delighted with the new yeguita, Shadow.

My son was also pleased as punch. He stood sentinel by Beauty and Shadow most of the afternoon. He has claimed ownership of Shadow and determined that she shall not be sold. We wonder about her final color. As Beauty is black and the stallion was black, we thought perhaps she would remain dark. However the fur in her ears is a dark chocolate brown, and we think that perhaps when her baby hair falls out, she will be dark brown and not black. Only time will tell.

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A horse is a horse is a horse–or not

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My husband got it into his head awhile ago that he must have a horse. After all, as a youth in Cerano, he was never without his horse. Not long into his search, he found one that the owner was willing to barter for 5 goats and 3000 pesos. Deal done lickety split. Red was a quiet gelding, not much trouble at all at the beginning. He altered his pace to accommodate his rider. For my husband, he did handsprings and danced. For my son, slow and steady up and down the road. And for me, little a pony trot around the block. Everybody was pleased.

However, owning a horse was not without problems. First, there were mounting expenses. A horse needed a bridle, reins, a saddle and new shoes.

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My husband on Red.

Then having acquired a horse, my husband went in search of his lost youth. This caused some problems because he was now a married man with responsibilities, not a charro prancing about for the young ladies to admire. These solitary rides irked my son and I since he left us to do the other chores around the house and we never got a chance to ride.

My husband’s solution to this second problem was to get a second horse. Without ready cash, the problem was how. He heard about herds of wild horses in Los Amoles, and he and my son spent more than a week on daily treks looking for them. They did stumble across a small herd one day, after crossing a lagoon on the motorcycle, water up to their waists, but couldn’t get near enough to catch one, although they felt that the glimpse was well worth the adventure and the dip in the water.

A neighbor heard about my husband’s quest and took him to see an acquaintance who was selling his horse in Salvatierra. My husband was twitterpated with his first sight of Black Beauty. We didn’t have any money, but my husband scrounged and saved and sold his tools and the toolbox to come up with a deposit. That just goes to prove that anything can be bought on layaway. Two weeks later, Beauty was home and in season.

beauty

Our own Black Beauty.

And it couldn’t just be any stallion for Beauty. My husband went hither and yon and found one to his liking that also fit the budget. Stud fees vary on the quality of the stallion and the owner’s whim. But having obtained one, all the men in La Yacata came to watch the maquila (breeding). Then there were the endless discussions on whether the stallion ejaculated and whether Beauty was pregnant afterward. Honestly, not something I spend my afternoons discussing, but hey, whatever floats your boat I suppose.

So then there was the stud service fee, new shoes and, of course, a second saddle and bridle even though we hadn’t finished paying for the set for Red yet. At first, expenses did not include food as it was the rainy season and there was free grass aplenty for fodder. However, it’s a horse of another color during the dry season. Horses eat like, well, horses and now we had two.

But, to our delight, now with two horses, we could go riding as a family. My husband on Beauty, me on Red and my son changing out between us.

Riding about was not without perils. There are the low hanging branches of the thorny mesquite trees to look out for and hidden craters that may have been dug out ages ago for someone’s ajibe (dry well) that may cause a horse to stumble and throw the rider. Then the horse may decide that he or she is a racehorse and that turbo speed is called for to win this imaginary race and the rider (namely me) finds it hard to decelerate while ducking branches and hanging on for dear life.

My husband and son have a natural seat on horseback that I seem to lack. They slouch a bit and sit low in the saddle and actually look like they had been born to it. And I so wanted to look like an elegant English miss, complete with a blue velvet riding habit on the back of the horse. However, the horrible truth was that I looked as elegant as a frog on a log floating downstream. Oh well, I suppose someone had to eat the flies, and it might as well be me.

kids and red

Red and the summer class. He had such a friendly disposition in the beginning.

The word caballero, which is translated as gentleman in English, literally means one who owns a horse. Horses were a status symbol, as only the wealthy could afford their upkeep. Regular folks made do with donkeys or mules. As we hardly qualify as wealthy, Red had to work to earn his keep. My husband worked with my father-in-law and son to till about an acre of land near our house to plant corn, both for our own larder and then later to feed the horses during the winter months when grass is hard to come by.

plowing with red

Red the plow horse.

For a time, this worked out well. Then Red became persnickety. He didn’t want to plow. He reared up when I was on his back. He nearly kicked my son. We couldn’t figure out what got into him. My husband thought that he might have been improperly castrated and a neighboring mare in season was causing his bad behavior. So he had a neighbor sedate Red and check. Nope. That wasn’t the cause.

Then, the second theory was that he was too well fed and, therefore, didn’t want to work. It’s true that he filled out while living with us. His coat was not as shaggy but glowed. So what’s the solution for overfeeding? My husband tried tying Red to a tree in the afternoons so he couldn’t graze, but his ornery disposition didn’t improve.

So he was sold to B, my husband’s brother. B would ride hell bent for leather, up and down the ravined roads in La Yacata, late at night. I was sure he would be thrown and break his neck, but he didn’t. That lasted about 3 months, then Red disappeared. We have many theories, but no trace has been found.

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