Jean owns a champion female German shepherd named Abby. Jean had planned to breed Abby in the future, but before that could happen, Abby became pregnant. The only two dogs who could have been the father were a German shepherd and a standard poodle. This is because these were the only male dogs anywhere near Abby’s house. Abby was normally kept in a fenced yard but had accidentally gotten out of the yard a couple of times. These were the only times that Abby could have become pregnant. Abby gave birth to a litter of eight purebred German shepherd puppies. As the puppies became a few weeks old it became obvious that they were championship quality. Abby mentioned to the owner of the puppies’ father that Abby had given birth to some of his dog’s offspring. The next day the father’s owner notified Jean that he wanted four of the puppies and would go to court for them if Jean did not voluntarily give them to him. If the father’s owner used the legal theory of accession to try to gain rights to the four puppies, would it be successful?
a. Yes, the father’s owner would prevail under this theory
b. Yes, the father would prevail but under a completely different theory
c. No, it would be Jean who would be successful under this theory
d. No, the
