Zech v. Accola

1948

Court: WI Supreme Court

Facts: Zech is making rugs out of rags. She finds $2,100 in a ball of rags. Various steps are taken to find the owner, but the statutory requirements are ridiculously stringent. The Ladies Aid Society claims it is theirs.

Posture: Appeal from trial.

Issue: Is Treasure-Trove doctrine a part of lost property law?

Holding: Affirmed: Zech can keep the money.

Rule: There's a distinction between treasure-trove and lost property, so the statute governing lost property doesn't apply.

Reasoning: If the legislature wants to overrule common law, it needs to do so explicitly. The legislature was aware of the doctrine of treasure-trove, and remained silent on the issue.

Dicta: