Sheriff Kenny Lemons says the landowner has filed an appeal on the confiscation of the animals, which is why the sale was canceled, pending the outcome of that appeal.
Last week more than 30 horses were found on land north of Henrietta on FM 1197.
Justice of the Peace John Swenson declared the horses were now the property of Clay County. Officials had planned to auction the horses this week.
The sale money would reimburse the more than $5,000 in taxpayer money that county officials have already used to care for and board the animals.
Lemons says the county attorney is looking into animal cruelty charges against the horse owner who says he wasn't able to care for the animals because of a financial hardship and not having grass on his land.
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