O.C.G.A. § 44-14-511 (2019)
Liens on offspring of stallions, jacks, bulls or boars; necessity of recordation; recording fee; priorities
The owner or keeper of any stallion, jack, or blooded or imported bull or boar shall have a lien upon the offspring thereof for the service of the stallion, jack, or blooded or imported bull or boar for the period of one year from the birth of the offspring, which lien shall be superior to all other liens except the lien for taxes, provided that the owners shall keep their animals enclosed in their own pastures or otherwise. The lien provided for in this Code section shall not become operative unless it is recorded in the office of the clerk of the superior court of the county where the owner of the mother resides within six months after the performance of the service. The clerk shall keep a book in which all such liens are to be recorded and shall receive a fee as required by subparagraph (f)(1)(A) of Code Section 15-6-77 for recording such liens.
History
Ga. L. 1882-83, p. 131, § 1; Ga. L. 188485, p. 147, § 1; Civil Code 1895, § 2811;
Civil Code 1910, § 3361; Code 1933, § 672202; Ga. L. 1981, p. 1396, § 5; Ga. L. 1992, p. 6, § 44.
Annotations
JUDICIAL DECISIONS Foreclosure of lien on mare. - Trial court properly granted summary judgment pursuant to O.C.G.A. § 9-11-56 to colt possessors in a tortious interference with a contract claim by a horse trainer, wherein the trainer alleged that the trainer had a contract to keep the recently born colt in exchange for continued services to the mare’s owner; the court found that there was no showing that the pos-
sessors were aware of a contract regarding the ownership of the colt, the possessors had followed the necessary procedures for filing a financing statement under O.C.G.A. § 11-9-501 et seq., they had allegedly foreclosed on their lien on the mare by the time that they became aware of the trainer’s claim, pursuant to O.C.G.A. § 44-14-490, and the trainer did not record a lien against the colt pursuant
to O.C.G.A. § 44-14-511. Medlin v. Morganstern, 268 Ga. App. 116, 601 S.E.2d 359, 2004 Ga. App. LEXIS 737 (2004). Owner has lien, not title. - The owner of a stallion or jack does not obtain
title to the get thereof, for the service of the animal, but has merely a lien thereon. Strickland v. Smith, 17 Ga. App. 505, 87 S.E. 718, 1916 Ga. App. LEXIS 733 (1916).
RESEARCH REFERENCES ALR. Priority of lien of sales or consumers’ tax, 136 A.L.R. 1015.
Am. Jur. 2d. 4 Am. Jur. 2d, Animals, § 89. C.J.S. 3A C.J.S., Animals, § 35.