is apparently thought she was beyond is it turns out i think that there was that another sister that she was actually in fifty fifty percent ownership with and i think that that in that they think is a statement is was rather and i think if we got down to the nuts and bolts of it i think there was another person that made a claim for part of the state so if if we look at it is up to date i think that it would be that him leaving because owns about twenty five percent of it so the question of whether or not we can establish a respond in severe type of situation there's three things that we need to shop we need to show that there's conduct of the agents there is that they're  powered to perform we need to show that the acts occur there's a relationship substantial relationship within their authorized time and space requirements and we also have to show that the agent acted at least in part for purpose to serve the master i submit that we know that there's if you look at this case in give the plaintiff all of the inference of that can be drawn we've established all three of  before we go into that analysis there's a couple things i want to sort of point out that in this that the frame that we have to look at this case in first of all the bill of the bill of sale is a forged document it really doesn't here this doesn't really need in the question of the agency relationship reasons miss my client's prosecution forth that was based on that forge she would be empowered to go in and do whatever is necessary if it's on were normal nine to five work i was really going after her to go and get the documents together to or them on to the police to send them off to get a more they want to get these skid steer back so they didn't come up with the next step in the next step that they did i said it is continues to be within the course and scope of their whim and that gets to the third issue this at all world where the eight were complaining about they didn't want just my client arrested they want to arrest and charge with not trespass but with theft and the purpose of that is so that they would relationship with all her relationship with all or all is when she comes in and takes over as it is all over she wants it back not for any individual purpose but for the sole purpose of having it there and all rolls and he can enrolls relationship to all so my point is is that given that the only reason i can see that they would want it would be to have it around to use at all i don't think even just wanted individually i don't think mr  skids here had been taken and she went out there but she had not been appointed executor for example the estate and there wasn't any transfer of ownership at that time the day after so as that day there's no evidence that  happened within the time and space of his employment that she and that she testifies i know that you know that she says i think that that's the phone number from all the world i mean that you say well there is no evidence of pled and you know our alleging has and it's been for both by the court the trial court and really these are questions that should be decided  at the stage of the game well speculation doesn't create a question of fact and it's clear that she's gusting if you look at that point contacts she said well gee i thought oh world's number was eight one five eight eight six and then number is different than eighty six and she says well i guess it is all girls but it's speculation micro loan had personal knowledge because he did it and he testified that i compare it at home at the house that they call think it's the state and then it was faxed from there and then officers who testified that he went to pick up the original and it was at the house and he got it from tim so that is i guess really on tanny's part the same vein that you earlier said she hadn't been given any authority to run all world she also had been given any of her father's property and that miami needs are all  she owned it or not it's very unclear i mean she i guess she hoped she was going to be a beneficiary of her father's the stay but that was at the time that she placed this phone call that it was stolen during his funeral she you know i don't know that there had been any well i mean presumably she could haul if somebody was stealing property that i want her father i mean i don't think that it's out of thought they were trying to hit piece of equipment that they consistently testify belong to candy that's what she said at the time to the police and the equipment with bought fourteen thousand dollars so they felt it wasn't you know it was not a worthless whether she had the right to or not she's holding herself out as and running all world as being the recipient of her father's you know a state and that they're all intermingled that others may question that over even according to the police is that she owned it and that she wanted it because it was for us and again we might disagree with her legal analysis on that but there isn't any evidence in the record that she was acting because she wanted she because she wanted to use