Found Property

Question 0

Goddard v. Winchell

Meteorite/aerolite

Answer 0

Owner/plntf of land gets it. “whatever affixed to soil belongs to the soil.”
It was never lost or abandoned.
(Winchell looses out cuz he bought something assumed had title, buyer beware)

Question 1

Pound right most concerned with?

Answer 1

Possession

Question 2

Replevin

Answer 2

Action at law
Seeking the return of a specific item of personal property
*must be UNIQUE,not fungible

Question 3

Fungible

Answer 3

Not unique

Question 4

Injunction

Answer 4

Thou shalt not…

Usually equity chancery court

Question 5

2 systems of law in US

Answer 5

1) law courts (paid damages)

2) equity chanceries/courts
Order to do or not do algo

Question 6

Riparian rights

Answer 6

Interest a title holder has to the water in a river or lake on property.

Question 7

Accretion

Answer 7

Owners right to the soil deposited on his land due to natural forces. (Erosion, gravity, floods)

Accretion law is a response to the forces of erosion and gravity

Question 8

Caviat emptor

Answer 8

Buyer beware. Winchell lucks out

Question 9

In order to FIND personal property….

Answer 9

Must have been owned by someone first

Question 10

Locus in quo

Answer 10

Place in question

Question 11

Property placed inland by natural forces belongs to whom.

Answer 11

The party who owns the locus in quo

Question 12

Eads v. Brazelton

Abandoned property

Answer 12

To be “abandoned” property:
1)It must have been previously owned
2)Its original owner must have surrendered possession
3)Its original owner must intend not to re-seek possession
(Title to abandoned property can be obtained by taking possession of the property)

Question 13

How do you know if something abandoned?

Answer 13

1) out of possession of true owner
2) intent not to reclaim it
3) must qualify as personal property (Goddard v. Wunschell)

Question 14

How do u know if owner had intent to go back & get it?

Answer 14

Objective intent.
What a typical person would do.
Assume motives of the actor based on the facts.

Question 15

Facts to weigh intent to reclaim it.

Answer 15

Value of the property itself (can change jury view). Implications of people objectively do with property.
Ex, dollar vs. pen on floor

Question 16

What is possession

Answer 16

Control of an object

-w/intent to maintain control

Question 17

Actual possession

Answer 17

Party physically controls the object

Question 18

Constructive possession

Answer 18

Party controls the space in which the object is located.

Question 19

Popov v. Hiyashi

Barry bonds ball

Answer 19

Popov caught, crowd got him, hiyashi pocketed it. Whether popovs attempt to catch ball grants him rt to possession. Can it be conversion if never possessed it.
-Popov had intent but never quite had control
Each man had a claim, both intended to possess.
Equitable DIVISION -fairsies, sold& divided

Question 20

Hannah v. Peel

Law changing

Answer 20

Don’t possess just because lying unattached to surface of your land.(bridges v. Hawkesworth)
Mjr. Peel was transferred land he never used. Corporal Hannah found a brooch.
Peel did not have poss. Rts even though owned property, no knowledge of it, no intent to control

Question 21

Armory v. Delamire

Answer 21

Chimney sweeper boy found jewelry, shop keep took it & returned w/out stones.
FINDER has rt of possession against evry1 but true owner.

Question 22

Bridges v. Hawkesworth

Answer 22

Finder maintains rt of possession of personal property against all but true owner.
Public area

Question 23

South stafford water co. V. Sherman

Answer 23

Gold rings found bottom of pool by def.. Ct found for company/property owner.
Finder is possessor ,unless property is found in a private area. Then turns over to owner of land (owner has intent to exercise control over land & what may be on it)

Question 24

Natural deposits on land go to who?

Answer 24

Titleholder

Question 25

Abandoned property goes to who?

Answer 25

First party to obtain possession

Question 26

Lost property goes to?

Answer 26

Finder…..unless found in non-public place.

Question 27

McAvoy v. Medina

Answer 27

Mislaid property
Pocketbook barbershop. Plntf wante money as finder.
Holding- plntf had not orig right to MISLAID PROP

Question 28

Classes

Answer 28

Naturally placed, abandoned, lost, mislaid, treasure trove

Question 29

Naturally placed

Def.

Answer 29

No created property placed on land by natural forces

Question 30

Naturally place property

Right of possession

Answer 30

Person controlling the locus on quo

Question 31

Abandoned

Def

Answer 31

Property once owned where the true owner has surrendered possession with no intent to reclaim it.

Question 32

Abandoned

Right of possession

Answer 32

Any person who gets unto possession of pers prop

Question 33

Lost

Def

Answer 33

Property out of possession of true owner

W/out the true owner realizing it, but not abandoned.

Question 34

Lost

Right of poss

Answer 34

Person who finds the prop unless that person finds it within scope of his employment

Question 35

Mislaid

Def

Answer 35

Prop placed out of the possession of the true owner intentional where the owner forgets to regain possession

Question 36

Mislaid

Rt of possession

Answer 36

Whoever controls the locus in quo or, otherwise, the finder

Question 37

Treasure trove

Def

Answer 37

Some types of prop hidden out of the possession of true owner intentionally where the owner intended not to regain possession.
Not used much inUSA.
The finder has right of possession

Question 38

Should u give judgment whether lost or mislaid

Answer 38

Never.
Based on objective criteria. Not what really happened,
Most statutes help with clarity

Question 39

Statutes

Answer 39

” are laws that change the common law adopted either by Congress at the national level or a state legislature

Question 40

Lost property
Finders rights
Police

Answer 40

Lost-can be abandoned, mislaid or lost

Police keep it for 6 months, true owner does not claim then goes to finder. Title will vest in the finde

Question 41

To benefit from finders statutes do I have to follow them in first place?

Answer 41

yes — to take advantage of a statute, you have to comply with the statute. Ultimately, however, you have to figure out what the legislature wanted to do

You find a watch on a table in Susan’s house. Susan does not own the watch. You keep the watch and do not give it to the police. Susan demands that you give her the watch.
-Under the common law, the watch is probably “mislaid,” so the person who controls the locus in quo, Susan, has the right of possession
-Under the statute, the finder is preferred