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Delaware Superior Court - 3 Del. 68, 3 Harr. 68, 3 Del. 68
Tags: Property, Finders, Claim of title, Abandonment
See also: Armory v. Delamirie
tl;dr:
A first finder of chattels has a better claim to title than a second finder, and losing property does not divest him of his property interest.Video Summary
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The plaintiff claims that the defendants converted his logs to their own use. The plaintiff argues that he has a right of property because he possessed the logs after finding them adrift in the Delaware bay and securing them. Possession is considered prima facie evidence of property. The defense argues that they found the logs adrift in Mispillion creek and that their title is as good as the plaintiff's. However, the law states that the loss of a chattel does not change the right of property. Therefore, the plaintiff, who never abandoned his special property in the logs, is entitled to a verdict. The lower court did not err.
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