Ownership of Offspring of Domestic or Owned Animals

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The offspring of all animals follows the ownership of the mother and belongs to the owner of the mother at the time of birth.

(Orig. Code 1863, § 2222; Code 1868, § 2216; Code 1873, § 2242; Code 1882, § 2242; Civil Code 1895, § 3075; Civil Code 1910, § 3651; Code 1933, § 85-1705.)

OPINIONS OF THE ATTORNEY GENERAL

Former Code 1933, §§ 85-1703 and 85-1705 (see O.C.G.A. §§ 44-1-8 and44-1-10) did not conflict with state's exercise of control over and ownership of animals ferae naturae, but merely set out the method by which individuals could gain property rights in such animals when allowed to do so by the laws of the state. 1973 Op. Att'y Gen. No. 73-35.

Ownership of game and wild animals.

- When an individual has complied with the laws and rules and regulations of the state in hunting or capturing a game or wild animal, the individual obtains a property right in the animal good against any other person. When an animal ferae naturae is captured or reduced to possession in violation of the applicable laws and rules and regulations, however, no property right vests in the person capturing or killing such animal. 1973 Op. Att'y Gen. No. 73-35.


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