1L Property: Finders

Finder has good title against the whole world except the true owner and prior possessors (Armory Rule)

• 1. Place found (public, private, hidden, etc.)
• 2. Value of Item
• 3. State of the TO's mind

Rightful possession of goods by a person who is not the owner

i) Winkfield Rule Applies: Protects Purchaser

• (1) TO cannot win a cause of action against a subsequent possessor who is a purchaser
• for value

• (a)TO has the burden of becoming whole and recover damages; subsequent possessor has
• a defense and is not found liable to TO

ii) Non-Winkfield Rule: Protects TO

• (1) The TO can take a cause of action against a subsequent possessor, even if the
• subsequent possessor is a purchaser for value

• (a) Always
• TO to sue a purchaser for value in case the baliee was insovlent

• (b) The
• purchaser for value must now try to go after the baliee under subrogation.

if an employee finds property in the course of their employment:

English Jurisdiction: The servant finds for the master-OLIQ wins

American Jurisdiction (Modern): The Armory Rule still applies-Finder wins

Unintentionally parted with

i) Public- finder wins/prevails; apply Armory rule

ii) Private- OLIQ wins; owner/occupier gets incase TO returns (McAvoy v. Medina)

• (1)
• If found on private residence and imbedded in land, the
• OLIQ wins (S.Staffordshire)

• (2) Locations that are
• highly private (IE home) go straight to OLIQ

• Intentionally placed but
• unintentionally parted with

• i) General Rule: Usually
• goes to OLIQ; to protect TO if they retrace their steps

• Intentionally placed but
• intentionally parted with

• i) General Rule: Goes to Finder...(Armory applies) unless trespassing, then
• goes to OLIQ

• ii) Property of value is
• usually not abandoned, however illegal property can be. Look to the intent of
• the TO.

• iii)
• When a TO abandons property, he relinquishes rights to
• property. He abandons any title or possessory rights.

• Intentionally placed and
• intentionally parted with, with intent to return

• i) Definition: Anything of value that
• was concealed/ hidden by someone for a long time with the intent to return to
• reclaim. Used to be known as gold, money, coins hidden in the earth… belonging
• to the crown

• ii) Rule Based on
• Jurisdiction.

(1) American—Finder Prevails (Armory Rule Applies) not the owner of the land or the state

(2) English Rule—Treasure belongs to the crown

• (3) Caveat: Court often
• rejects traditional common law--application of Armory that finder have title--…
• b/c it sponsors trespassing…

• *For exam explain
• court’s dissatisfaction of applying American Rule; Court distinguishes 2 things
• to NOT apply American Rule:

• 1. Finder was
• there at request of OLIQ and thus working on his behalf. Probably found on
• private property

• 2. Classify
• property as mislaid instead of treasure trove and thus Armory does not apply