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Armory v Delamirie [1722] EWHC J94, (1722) 1 Strange 505.

Facts:

P finds jewel in someone's house who does not assert a possessory right over it, brings it to D, a goldsmith, to assess value. D takes it.

Issue(s):

Does a finder have a property right over what's found against others?

Ratio:

He has a property right that is not absolute or an ownership right, but will enable him to keep it from others.

Holding:

P won.

Comments:

NOTE: A prior finder or someone who owns the place where it was found may also have a claim.

NOTE 2: This is an application of the rule of first possession, but with possibility that there are chronologically prior rights.
* Not About Ownership but about who has the better claim.
* Finder is a kind of involuntary bailee
* There is no question of the superior claim of original owners who did not abandon their property only competing claims between non-owners


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