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Personal Property
Introduction
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Why study personal property first?
1. Less complex legal rules.
2. Easier to have personal identification with issues.
3. Provides foundation for later material, both in Property and other law school courses.
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Overview of Acquisition Methods
1. Find
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Overview of Acquisition Methods
1. Find2. Borrow (hold as bailee)
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Overview of Acquisition Methods
1. Find2. Borrow (hold as bailee)3. Purchase
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Overview of Acquisition Methods
1. Find2. Borrow (hold as bailee)3. Purchase4. Take in unauthorized manner
(convert/steal)
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Overview of Acquisition Methods
1. Find2. Borrow (hold as bailee)3. Purchase4. Take in unauthorized manner
(convert/steal)5. Benefit from another’s mistaken
improvement
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Overview of Acquisition Methods
1. Find2. Borrow (hold as bailee)3. Purchase4. Take in unauthorized manner
(convert/steal)5. Benefit from another’s mistaken
improvement6. Receive as a gift:
1. From living donor (inter vivos gift; gift causa mortis, trust, etc.)
2. Receive from dead donor (intestacy, wills, non-probate transfers, etc.)
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Finding
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“Finder” defined
A person who rightfully acquires possession of personal property that did not originally belong to the person.
“rightful” – not conversion or theft
“possession” – not necessarily ownership
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Types of property that may be found
1. First occupant
Property which has not yet been subject to ownership.
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Types of property that may be found
2. Lost
True owner has parted with casually, involuntarily, accidentally, unconsciously, etc.
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Types of property that may be found
3. Misplaced/Mislaid
True owner intentionally placed the property somewhere and then unintentionally left it and/or forgot where it was left.
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Types of property that may be found
4. Abandoned
Owner has intentionally relinquished possession and claim to the property.
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Types of property that may be found
5. Treasure Trove
Money (gold, silver, etc.) concealed in the ground or 0ther hiding place with no known owner.
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Claimants to Found Property
1. Finder
2. True Owner
3. Owner of land on which property was found
4. Government
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Goddard v. Winchell
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Peekskill Car
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Peekskill Meteorite
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Hole made by meteorite in Freehold Township, New Jersey in January 2007.
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Philip Mani, San Antonio lawyer, who specializes in meteorite law
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Eads v. Brazelton
Steamboat
America
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Eads v. Brazelton
Which one is “lead in pigs”
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Popov v. Hayashi
Barry Bonds
hitting home
run number 73
on October 7,
2001.
Watch video
[YouTube Link]
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Popov v. Hayashi
The actual ball.
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Popov v. Hayashi
Initially “caught” ballPicked up ball as it was rolling around
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Popov v. Hayashi
Todd McFarlane purchased ball at auction for $450,000 plus
$67,500 in fees [total of $517,500].
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Popov v. Hayashi
Made into movie – “Up for Grabs”
Play Trailer
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Armory v. Delamirie
Finder of lost propertyvs.
Person who took away from finder
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Bridges v. Hawkesworth
Finder of lost propertyvs.
Owner of land on which property found
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South Staffordshire Water v.Sharman
Finder of lost propertyvs.
Owner of land on which property found
[but, is there more?]
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South Staffordshire Water v.Sharman
Minster Pool
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Hannah v. Peel
Finder vs. Property ownerClassification of found property?
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Hannah v. Peel
Overton-on-Dee
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McAvoy v. Medina
Finder of mislaid propertyvs.
Owner of property on which property found
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Schley v. Couch
Is “treasure trove” stilla viable type of foundproperty?
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Who owns found property?
True owner (unless first occupant or abandoned)
If cannot find true owner: Finder Landowner Government Divide between/among claimants