Court: |
King's Bench, Britain |
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Facts: |
A major owns a house, but has never occupied it. A lance-corporal
who is there as the mansion is used as a sick-bay finds a brooch.
He takes it home on leave, and his wife tells him it might be
valuable. He brings it back, tells his CO, and they give it
to the homeowner. No owner comes forward, so they give it to the
lance-corporal (about 2 years later). He sells it, and it gets
re-sold. The lance-corporal is mad about this. |
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Posture: |
This is the trial? |
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Issue: |
Who owns the brooch? |
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Holding: |
The lance-corporal (plaintiff) should get the sale value of the
brooch. |
|
Rule: |
The law is unclear, but the brooch was lost, so it seems like the
finder should own it. |
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Reasoning: |
Appeals to precedent: Delamire, esp. A finder gets to keep
the findings, unless the true owner steps up, unless the finder
is working as an agent of another. There are authorities on both
sides. |
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Dicta: |
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