Property

Chapter 2(A)
Subsequent Possession – The Law of
Finders
 Roadmap: The Law of Finders
• Armory v. Delamirie
• Hannah v. Peel (and cases discussed therein:)
– (Armory v. Delamirie)
– Bridges v. Hawkesworth
– South Staffordshire Water Co. v. Sharman
– Elwes v. Briggs Gas
• Medina v. McAvoy (in notes)
The multiple (sometimes inconsistent) goals
of finders law
• Protecting interest of true owners/returning
goods to their true owners
• Honoring legit expectations of finders and
owners of place where things found
• Rewarding honesty (of finder who discloses
his find and therefore also promoting the first
two goals)
 Relativity of title
• Finder of lost goods prevails as against
everyone except prior possessors and true
owner.
• Possession as indicia of ownership
– Efficient
– Promotes public order
 Hannah v. Peel
Dec. 1938 Major Peel buys Gwernhaylod House (originally built 1460,
demolished in 1950 after extensive damage from wartime
use by soldiers). Peel does not move into the house
Oct. 1939 Gwernhaylod House is requisitioned by the government to
house soldiers
Aug. 1940 Corporal Hannah, while adjusting blackout curtains, finds a
brooch “covered with cobwebs and dirt” on top of a
window frame. He takes it home with him
Oct. 1940 Hannah informs his commanding officer of the find and
hands the brooch over to the police
Aug. 1942 The owner not having appeared, the police give the brooch
to Peel
Oct. 1942 (Probably after receiving a letter on Oct. 5 from Hannah’s
solicitors demanding return of the brooch) Peel sells the
brooch for £66 to Spink & Son in London
Oct. 1943 Hannah sues Peel, claiming the £66
1945 The court awards the £66 to Hannah
 Summary
• Lost property
– Finder is entitled to possession against all except true owner and
previous possessors (Armory; Hannah)
• Exception: Possessor/owner of private property can be entitled to
possession against finder – circumstances/place of finding the lost item
matter (Bridges; South Staffordshire)
• Mislaid property
– Owner of property where found entitled to possession against all
except true owner and previous possessors (McAvoy)
• Abandoned property
– Finder generally entitled to possession against all (including previous
true owner, since they abandoned)
• Exception: Possessor/owner of private property can be entitled to
possession against finder – circumstances/place of finding the lost item
matter (Elwes v. Briggs Gas)