Subsequent Possession

Question 1

Types of COA

Answer 1

Conversion:for the wrongful dispossesion of prop.
Trover: damages for conversion
Replevin: return

Question 2

Possible competing interests in sub. Possession

Answer 2

(1) finder; (2) owner of land; (3) true owner

Question 3

Lost property

Answer 3

When the owner of chattel accidentally and involuntarily parts with property; doesn’t know where to find it e.g. “Bracelet on floor”

Question 4

Finder of lost property

Answer 4

Good title over all but true owne

Question 5

Mislaid property

Answer 5

Owner intentionally puts chattel in certain place, but forgets to retrieve e.g. Bracelet on table

Question 6

Finder of mislaid property

Answer 6

Owner of land more likely to have good title; best to hold onto because person will come back there to look

Question 7

Abandoned property

Answer 7

Owner intentionally and voluntarily relinquishes both title and possession; true owners interest drops out, but landowner’s remains

Question 8

Finder reduces to possession on another’s property, with consent

Answer 8

Generally good title over landowner; unless

1. Trespassing;
2. Embedded. In soil
3. Employee

Question 9

Found in private land open to public

Answer 9

Still superior to all but true owner; unless found in back of shop

Question 10

Series of subsequent possessors —>

Answer 10

Law protects prior possessor

Question 11

Principal - agent exception

Answer 11

Depends on place of find, or the law of principal-agent

Question 12

$ found by maid in hotel

Answer 12

Hotel owner has right; maid under a contractual duty to deliver(janitor)

Question 13

$ found by interior decorator

Answer 13

Under no duty to report find to employer

Question 14

Police confiscates found money from citizen

Answer 14

Goes back to finder

Question 15

Recording acts and adverse poss.

Answer 15

What the Recording Acts say is that if A records the transfer, then B has constructive notice. We’ll act as though B has notice. We allow that fiction so that we can have a reliable recording system. On the other hand, if A fails to record the transaction, then B wins. This provides A an incentive to record promptly and rewards A by making A the definite owner. There’s a stick as well as a carrot: if A fails to record promptly, B could win!

This fits in with “open and notorious”. Transfers of property can’t be secret.

Question 16

Well, what’s so great about color of title

Answer 16

has an impact on the mechanics of the adverse possession rule. If you have color of title, you’re deemed to possess all the property described in the deed. If you lack color of title, you’re deemed to possess only the property you actually occupy.

Question 17

i. Gifts Causa Mortis:

Answer 17

(1) intent (2) delivery (3) witness

1. Newman v. Bost (1898): symbolic delivery is not sufficient; constructive delivery will suffice only where actual delivery is impractical; there is no clear intent to deliver the contents of furniture when the furniture itself has value [gave key to desk to mistress and she wants the life insurance policy inside]
   a. Intent is a question of fact; Delivery is a question of law—appellate court can only review question of law
2. Thomas v. Lewis: key to a lockbox gave items inside because the purpose of the lockbox is to hold the items and nothing else

Question 18

Inter vivos gift: (

Answer 18

1) intent (2) delivery (3) acceptance