Shubert v. Schellie

I agree with the conclusion reached by the majority and join in its opinion. I write separately only to clarify the legal underpinnings of oúr analysis. I feel that the result is not only fair and reasonable, but also is consistent with what little authority exists in this area.

The general rule with respect to tame and domestic animals is that the brood belongs to the owner of the dam or mother. Kellogg v Lovely, 46 *221Mich 131, 133; 8 NW 699 (1881). The general rule applies "in the absence of an agreement to the contrary”. 4 Am Jur 2d, Animals, § 10, p 257. Thus, if the grantor in the present…