Favorite v. Miller
Nature of the Case
This case involved a dispute regarding the ownership of pieces of a stolen statue.
Facts
A band of patriots, upon hearing the news of the Declaration of Independence, toppled a statue of King George III and then took the pieces apart and loaded the gilded lead onto wagons to have them cast into bullets. On the way to the foundry, loyalists stole back pieces of the statue and scattered them about the area known as the Davis Swamp. Since then fragments of the statue have continued to turn up in the area.
In 1972, Miller (D) determined that part of the statue might be located on property owned by Favorite (P). With a metal detector, Miller discovered a fragment and dug it up and removed it from Favorite’s property. Favorite eventually learned of the fragment when they read about it in the newspaper long after it had been removed. Miller then took the fragment and agreed to sell it to the Museum of New York City for $5,500. Favorite sued to have the fragment returned. The trial court found for the plaintiff on the basis that the fragment was mislaid property and Miller appealed.
Issue
- Does a trespassory finder of lost or mislaid goods have preference of ownership over the property owners upon whose land the finder trespassed to acquire the goods?
Holding and Rule of Law
- No. A trespassory finder of lost or mislaid goods does not have preference of ownership over the property owners upon whose land the finder trespassed to acquire the goods.
Miller by his own admission trespassed upon the real estate knowing full well that the land belonged to Favorite. A wrongdoer may not profit from his wrongdoing. Miller’s trespass was neither technical nor trivial. That the property was found embedded in the earth and that Miller was a trespasser are sufficient to defeat any claim that Miller could have as a finder of the goods. The trial court reached the correct decision but on mistaken grounds. The error was harmless.
Disposition
Affirmed.