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What would you do?
#2220537
04/02/11 04:02 PM
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Joined: Mar 2010
Posts: 2,898
Csddarden
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Let's say you own a whitetail breeding facility... and another breeder come to you that has recently lost his facility with ~30 bucks and asks you to house them in exchange for the breeding rights of said deer. You say ok... the guy's deer are great breeder bucks... Suddenly it is discovered that his her came with a disease that has now spread to your herd as well, killing off half of your breeding facility (pissed). The person you are holding the deer for comes back and wants his herd back (mostly dead now). You tell him the situation and that you are going to keep his herd as retribution, but agree to pay him 50k to ease his mind... he agrees, but comes back a couple weeks later wanting more money for the deer... You tell him to piss off (weird thing about it is... you can't actually OWN deer... doesn't matter if you bought em or not... they still belong to the state.).
So now the whole thing is in court and a freeze has been put on the breeding rights of the deer in question.
The kicker is... one of said deer is well, let's just say... a monster (Broadhead as posted in the pics section).
What would you do? Legally speaking, the deer cannot be "owned". It's somewhat one of those posession is 9/10 of the law things... if he's on ur property...he's kinda yours.
Thoughts?
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Re: What would you do?
[Re: Csddarden]
#2220583
04/02/11 04:37 PM
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Joined: Feb 2011
Posts: 1,400
Play Maker
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I don't guess there is much you can do being that it is in the court's hands. However, the deer in question are in your facility and a transfer permit was signed by him placing the deer in your possession and appearing on your inventory. TPWD records would show that the deer are yours, not his. He accepted payment and I assume that there were receipts, invoices, involved. What disease did the deer transmit and how did he lose his facility?
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Re: What would you do?
[Re: Csddarden]
#2220632
04/02/11 05:11 PM
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Joined: Mar 2007
Posts: 5,235
Rustler
THF Trophy Hunter
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In the courts hands or not I'd call TPWD and tellem someone is trying to remove diseased deer from your property and take them to another place, possibly spreading the disease further.
Maybe I'm out of the loop on breeder deer, I wouldn't pay a penny to a person that I was nice enough to house their animals for when they were in a tough spot then later found out they spread a disease to my animals.
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Re: What would you do?
[Re: Rustler]
#2220681
04/02/11 06:08 PM
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Joined: Mar 2010
Posts: 2,898
Csddarden
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It's not my facility, but a facility owned by my best friend, his brother and a couple of his uncles.
I forget what he said the disease was, but I do remember that he was saying this is kinda what the guy does/did (buy deer and then house them with the facility of others). I'm guessing they took care of said disease though, because I know that some of those same deer that were diseased are in excellent condition now.
I just think it is a shame that it had to go to court (still in court last time I checked). As Rustler said though, I wouldn't have even offered the guy $ for his deer, but they did simply out of good faith so the guy wouldn't completely lose his a$$.
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Re: What would you do?
[Re: Csddarden]
#2220802
04/02/11 08:17 PM
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Joined: May 2010
Posts: 12,988
hoof n wings
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I'm thinking if I'm going to "hold" deer for someone, I would be running some kind of test(blood work) to make sure the don't have a disease before I bring them in. As far as restitution, I would tell him I was keeping what was left to replace my deer that died!
Just me and maybe why I grow flowers instead of breeding deer
I'd ask him if he's pregnant. He missed a s__tload of periods. I'll take "things that look like a uterus" for $200 Alex.
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Re: What would you do?
[Re: Csddarden]
#2220935
04/02/11 10:22 PM
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Joined: Mar 2011
Posts: 134
Chaser42
Woodsman
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Was part of the original agreement that he could have his herd back? Whatever the agreement was at the beginning, I'd stick with that. Bad circumstances or not, a deal is a deal and risks are assumed whenever dealing with live cargo.
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Re: What would you do?
[Re: Chaser42]
#2221026
04/02/11 11:52 PM
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Joined: Dec 2010
Posts: 2,267
TRIJI....WHAT
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Just like when you buy cattle, you need to isolate them to make sure none have diseases.....
If this would have been done then some nice deer could have been saved it sounds like.
Shhhhhhhh better to be quiet than remove all doubt..
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Re: What would you do?
[Re: TRIJI....WHAT]
#2221148
04/03/11 01:34 AM
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Joined: Mar 2010
Posts: 2,504
DSP56
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Surely your friend had his herd insured didnt he? It sounds to me like your buddy bought the other guy out. If a price was agreed on and the money changed hands for those deer then it ought to be a done deal.
If I had a big horse pistol like that , I would'nt be scared of no Booger Man! - Rooster Cogburn
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Re: What would you do?
[Re: DSP56]
#2221568
04/03/11 05:12 AM
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Joined: Dec 2006
Posts: 902
MogulRanch
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It sounds like a situation that wasnt handled well by either side. I would ask questions to legal representation, not a hunting forum.
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Re: What would you do?
[Re: MogulRanch]
#2221678
04/03/11 12:17 PM
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Joined: Aug 2008
Posts: 15,211
don k
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Hope the diseased deer thing doesn't turn into the TPWS coming out and destroying the entire herd.
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Re: What would you do?
[Re: don k]
#2221749
04/03/11 01:17 PM
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Joined: Mar 2010
Posts: 2,898
Csddarden
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Not looking for advice or anything, the whole situatiion is being handled by the lawyers, etc. Just wanted to see what others thought about it.
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Re: What would you do?
[Re: Csddarden]
#2222097
04/03/11 05:35 PM
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Joined: Aug 2010
Posts: 60,296
stxranchman
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First thing that jumps out at me is "and another breeder come to you that has recently lost his facility with ~30 bucks and asks you to house them in exchange for the breeding rights of said deer." Why or how did this guy loose his facility? This is puzzling to me. A breeder owns the land, the pens, permit is in his name...how can he loose the facility? Divorce? Bankrupt? Sounds fishy to me. Sounds as is this breeder did not exist and he got these bucks somehow and had no place to go with them. Also bad business if no contract or legal agreement was written when the mess started in the beginning.
Are idiots multiplying faster than normal people?
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Re: What would you do?
[Re: stxranchman]
#2222265
04/03/11 07:37 PM
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Joined: Sep 2009
Posts: 1,615
MELackey
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if they still belong to the state, You might as well open the gate and "give 'em back" to the state... No sense in letting this guy have them back... If the state doesn't have room in your area, I have it on good authority that the state has plenty of room out at our place in Coryell County.
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Re: What would you do?
[Re: MELackey]
#2224430
04/04/11 07:16 PM
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Joined: Dec 2008
Posts: 103
freezerfiller77
Woodsman
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Woodsman
Joined: Dec 2008
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check your fences cause I bet that guy would try something crazy
"Remember, If you dont reach higher ground this year, youll be one year older when you do." -Warren Miller
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