possession

Question 1

possession

Answer 1

(1) an intent to possess on the part of the possessor, and
(2) his or her actual controlling or holding the property

Question 2

occupancy

Answer 2

a method of acquiring property by which a resource which does not belong to anyone becomes the property of the person who took possession with the intention of acquiring a right to ownership in it

Question 3

conversion

Answer 3

an intentional tort which occurs when a party takes the chattel property of another with the intent to deprive them of it

Question 4

pierson v post holding

Answer 4

whoever is in actual possession of a wild animal has title to it

Question 5

popov v hayashi holding

Answer 5

Gray’s Rule: the actor must retain control of the ball after incidental contact with people and things

Question 6

Rule of capture for subsurface resources

Answer 6

the first person to take and produce oil or natural gas from a pool under the surface of the lands of several owners has acquired possession of the resource brought to the surface, even though it may drain the pool under neighboring lands

Question 7

elliff v texan drilling holding

Answer 7

owner of land acquires title to oil and gas produced from wells on his land (rule of capture) regardless of whether the substance was originally lying underneath their property

Question 8

ex parte christopher holding

Answer 8

courts cannot order the divorced, noncustodial parent to support his child to obtain a college education after that child reaches the age of majority if the parent has the means & the child has the ability and desire to obtain it
* overruled bayliss v bayliss

Question 9

requirements for gifts

Answer 9

• Intent to transfer title
• Delivery of the property
• Acceptance by the done
• Conditions traditionally may not be placed on the gift

Question 10

constructive delivery

Answer 10

gives means of exercising possession and control, or access to the item
- something giving access to and control over it

Question 11

symbolic delivery

Answer 11

item delivered stands in the place of the property
- e.g., picture of the house

Question 12

a valid gift causa mortis has:

Answer 12

• Intent
• Delivery
• Acceptance
• The donor’s subjective expectation of imminent death
  *Donor’s confronting the substantial certainty of death in the future from a particular/imminent illness, event, affliction, etc.

Question 13

gift causa mortis

Answer 13

a () is revoked if the death is from something else (majority view)

Question 14

trover

Answer 14

action for damages

Question 15

replevin

Answer 15

action for return of property

Question 16

armory v delamirie holding

Answer 16

finders prevail over all subsequent possessors of the property, but not the original owner

Question 17

lost

Answer 17

if private property is () it goes to the finder over the landowner, as long at they are not trespassing

Question 18

mislaid

Answer 18

if private property is () it goes to the landowner over the property

Question 19

embedded

Answer 19

() goes to the Landowner over the Finder, regardless of whether it is lost, mislaid, or abandoned

Question 20

treasure trove

Answer 20

() goes to the Finder over the landowner, as long as they are not trespassing

Question 21

wilcox v stroup holding

Answer 21

• Possession → possession of property is indicative of ownership, and a rebuttable presumption exists that those in possession of property are rightly in possession
• Common law → actual possession is, prima facie, evidence of a legal title in the possessor

Question 22

common law rule of stolen property

Answer 22

() of stolen property → true owner wins over all subsequent owners

Question 23

UCC rule of stolen property

Answer 23

() of stolen property if the chattel is sold by a businessperson in the ordinary course of his business, a bona fine purchaser may be able to win over a true owner

Question 24

bone fide purchaser

Answer 24

one who buys for value and without knowledge that the seller is without title