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Armory v Delamirie

Property Law

Armory v Delamirie is a 1722 King s Bench decision that established the finders rights doctrine in English property law. A chimney sweeps boy found a jewel while working and brought it to a goldsmiths shop to have it valued; the goldsmiths apprentice removed the stone from its setting and offered a low price, then refused to return the stone when the boy declined. The court held that although a finder does not become the true owner of a lost item, a finder has a title good against everyone except the true owner, and awarded damages measured by the value of the finest jewel that would fit the setting, since the defendant s wrongdoing prevented the true value from being shown. The case remains the leading authority on the possessory rights of finders of lost property.

Facts
Decision Year
1722 1
Decision Date
1722-07-31 1
Holding
A finder of lost property, though not thereby acquiring absolute ownership, has a property interest in it good against everyone except the true owner, and may maintain an action in trover against a person who wrongfully deprives him of possession; where the defendant fails to produce the article at trial, the jury may presume the highest value it could have had and award damages accordingly. 1
Current Status
No subsequent overruling is recorded; the case remains a foundational authority on finders' rights and possessory title in English personal property law, established as one of the first cases to recognize possession itself as a valuable property right. 1
Case Status
Case Status (category)
Overruled (in whole or part) 1
Connections

Decided By

Source Armory v Delamirie (Wikipedia)

In Legal System

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Found In

Also in Geography Atlas: where this subject is found.

Sources
1. Armory v Delamirie (Wikipedia)
  • Infobox: date decided = 31 July 1722
  • Lead paragraph, one of the first cases to establish possession as a valuable property right
    It is one of the first cases that established possession as a valuable property right and as evidence of ownership.
  • Judgment section, quoted King's Bench report, point 1
    That the finder of a jewel, though he does not by such finding acquire an absolute property or ownership, yet he has such a property as will enable him to keep it against all but the rightful owner, and subsequently may maintain trover.
  • Decided By: Court of King's Bench (England), Infobox court field: Court of King's Bench
  • In Group: Possession and Title Cases, Introduction, sentence 2
    It is one of the first cases that established possession as a valuable property right and as evidence of ownership.
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