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: |
|