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 Decision Date HoldingA 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 StatusNo 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)
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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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