This message is from: Gail Russell <g...@zeliga.com>
I do not think it is advisable to move on, except from discussing the details of this case anymore. The case raises issues. Now it is up to the NFHR to put in place policies that make it less likely that they will get in the middle of these issues. Since the advent of DNA, it appears that is possible. Even if you had a breeding contract, I think it is possible that the registry should consider a policy where it is ignored. In that case, stallion owners would have to rely on getting payment up front and a legal lien on ownership of the filly, rather than having the NFHR made responsible for enforcing a contract via withholding of registration..whether or not that contract is made initially, or made as part of a court settlement. From the sounds of it, the settlement awarded ownership to Fred, but awarded you a right to collect a fee for signing the registration papers. I am not sure that the policy of a breed association should be to attempt to defacto adjudicate ownership of the filly by deciding whether or not she gets registration papers. As Beth pointed out (correcting my statement), the NFHR does not adjudicate ownership of the horse, just the horse's registerability, and who owns the registration papers. (I guess that is what they are actually doing.) It would certainly be foolish of the NFHR to register the horse in the name of the person who does not own the horse...at least not knowingly. DNA changes everything, and it behooves breed associations to look at their policies in this new light. I am not sure that the policy of a breed association should be to attempt to defacto adjudicate ownership of the filly by deciding whether or not she gets registration papers. As Beth pointed out (correcting my statement), the NFHR does not adjudicate ownership of the horse, just the horse's registerability, and who owns the registration papers. (I guess that is what they are actually doing.) It would certainly be foolish of the NFHR to register the horse in the name of the person who does not own the horse...at least not knowingly. I wonder if there is an association of breed associations? Other breed associations must have had to look into this before?? Gail Now out of respect for this situation I ask that everyone move on this is a situation that needs to take place between only the parties involved. And it will not change until that happens. Take care Bonnie Morris Important FjordHorse List Links: Subscription Management: http://tinyurl.com/5msa7e FH-L Archives: http://tinyurl.com/rcepw FH-L Shirts: http://tinyurl.com/8yky94l Important FjordHorse List Links: Subscription Management: http://tinyurl.com/5msa7e FH-L Archives: http://tinyurl.com/rcepw FH-L Shirts: http://tinyurl.com/8yky94l
