Clay County Sheriff Kenny Lemons says the horse owner filed an appeal after the animals were taken from land north of Henrietta late last month.
The landowner filed for a trial to get his horses back after the county announced it would auction them to pay the cost of feed and care.
Sheriff's deputies say they found more than 30 malnourished horses and the carcass of another horse.
The owner also faces criminal charges. County Attorney Seth Slagle says says 63 year old Byron Gayle Brehmer is charged with cruelty to animals.
At last report, Brehmer had not been booked on the charge which is a class a misdemeanor and carries a maximum $4,000 fine and one year sentence on the first offense.
The owner says he wasn't able to care for the animals because of financial hardship and not having grass on his land.
A jury has been seated in the trial to determine who gets custody of the horses.
The trial is expected to begin around 12:30 this afternoon.
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