FINDERS-APPLICATION OF STATUTE TO FINDER OF TREASURE TROVE

Cavitch, Zolman

Journal: Michigan Law Review

Volume: 47

First Page: 718

Year: 1949

Bluebook Citation: 47 MICH. L. REV. 718 (1949)

Author: Zolman Cavitch: all 10 publications


Abstract

Defendants, a church committee, procured bundles of rags which were distributed to women who wove the rags into rugs. One such bundle was delivered to plaintiff who found $2100 in bills concealed therein. Plaintiff took the money to defendants, but no claimant appeared. A statute provided that a finder of lost money or goods having a value of $3.00 or more must give notice in a prescribed manner, or, failing to do so, be liable to the town in which found for one-half the value of the goods and for the other half to the person who should sue for it.

In defense to a suit for restoration of the money, defendants pleaded plaintiff's failure to comply with the statute. On appeal from judgment for plaintiff, held, affirmed. The common law doctrine of treasure trove has not been merged in the statutory provisions relating to lost property, and title to treasure trove belongs to the finder as against all but the true owner. Zech v. Accola, 253 Wis.

80, 33 N.W. (2d) 232 (1948).

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