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.

(Ga. L. 1882-83, p. 131, § 1; Ga. L. 1884-85, p. 147, § 1; Civil Code 1895, § 2811; Civil Code 1910, § 3361; Code 1933, § 67-2202; Ga. L. 1981, p. 1396, § 5; Ga. L. 1992, p. 6, § 44.)

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 possessors 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).

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).

RESEARCH REFERENCES

Am. Jur. 2d.

- 4 Am. Jur. 2d, Animals, § 89.

C.J.S.

- 3A C.J.S., Animals, § 35.

ALR.

- Priority of lien of sales or consumers' tax, 136 A.L.R. 1015.

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2018 Georgia Code 44-14-511 | Car Wreck Lawyer

TITLE 44 PROPERTY

Section 14. Mortgages, Conveyances to Secure Debt, and Liens, 44-14-1 through 44-14-613.

ARTICLE 8 LIENS