Hi, Claudia,
I would have to see the cases, but I am betting that the reason that
the AKC must act one way or another in a situation like this is because
they are a named party in a lawsuit and are ordered to so do by the
court. This is one of the flaws of the new co-ownership proposal made
by the AKC; they are attempting to extricate themselves from
co-ownership gone wrong, and yet they will always have to be a named
party in a lawsuit in which a plaintiff wishes them ordered to do
something particular. (An example would be change of ownership).
The AKC is a registration body and not an officiating organization. An
example might be if you and your neighbor are disputing the ownership of
a twenty foot piece of land along a common boundaray. A lawsuit results
in a decison that one party owns it. The court then orders the deed
recording official to recognize its decision.
The official has no choice but to comply with the decision of the
court.
So, it is up to the neighbors (or in this case the people contracting
with each other) to work things out; depending on a registry to police
matters is not reasonable. Registries are "scriveners" of the law; they
don't decide it. So, there is no way to predict how AKC will be ordered
to act in any situation which ends up in court.
Suze
Claudia Jones wrote:
>
> In a message dated 5/30/2002 8:59:31 PM Eastern Standard Time,
> [EMAIL PROTECTED] writes:
>
> > So if you put it in the bill of sale, AKC will stand by your decision, but
> > not otherwise?
>
> correct. and even then there is no guarantee they will stand by the decision.
> claudia
>
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Suze at Llawen Cavaliers
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