Discovery & Conquest
This case established the doctrine that Native Americans held only a “right of occupancy.”
Johnson v. M’Intosh
Mere pursuit is not enough under this classic fox-hunting case.
Pierson v. Post
This type of found property is unintentionally parted with; finder wins against everyone but the true owner.
lost property
Bailment requires delivery of possession and this kind of acceptance.
knowing custody
This doctrine explains why a prior possessor can win against a subsequent possessor even if neither is the true owner.
relativity of title
This principle gives title to the first person to take possession of an unowned thing.
first-in-time rule
This whaling case held that custom, not capture, determined ownership.
Ghen v. Rich
This type of property is intentionally placed then forgotten; the premises owner wins.
mislaid property
A parking garage usually does not create a bailment unless this is surrendered.
keys
Under Armory v. Delamirie, when a finder sues a wrongdoer, courts may presume the highest possible value of the item because this party failed to produce the original item.
the converter / the defendant
This doctrine says a sovereign’s claim to land is valid even if obtained through conquest.
doctrine of discovery
Landowners have constructive possession of wild animals on their land under this doctrine.
Ratione soli
This “temporary owner” must take reasonable care of found goods.
bailee
The standard of care in bailment depends on who benefits. A mutually beneficial bailment requires this standard.
ordinary care
In Hannah v. Peel, the court emphasized that ownership of land alone does not automatically give constructive possession of found items unless the owner has exercised this kind of control over the premises.
actual possession or control over the space
Marshall says private citizens cannot do this in land transactions with tribes.
“purchase land directly from Native Americans”
This case held that scaring ducks for profit is protected, but scaring ducks to ruin your neighbor is not.
Keeble v. Hickeringill
Under the modern majority rule, when a person finds lost property in a public location, that finder has priority over everyone except this party.
The true owner
When a finder takes possession of lost property with the intent to keep it safe for the true owner, the law treats the finder as occupying this status.
gratuitous bailee
Lost property is unintentionally parted with, abandoned property is intentionally relinquished, and mislaid property is intentionally placed somewhere and forgotten. Under the traditional rules, mislaid property goes to the premises owner for this reason.
to hold it for the likely return of the true owner
Under M’Intosh, this federal body exclusively controlled Native American land transfers.
What is the federal government (the U.S.)?
Under the rule of capture, this type of control counts: physical or mortal wounding creating inescapability.
What is actual possession (or mortal wounding)?
This case held that a wallet left on a barbershop counter was mislaid, and thus went to the shop owner, not the finder.
McAvoy v. Medina
A bailee is liable for loss when they fail to do this once goods are in their possession.
return or exercise reasonable care
Under traditional common-law finders rules, property that is embedded in or attached to the soil—such as items found beneath a floorboard or within the ground—belongs to...
the landowner