Goddard v. Winchell

Nature of the Case

This was an appeal of an action in replevin.

Facts

Goddard (P) owned a pasture and leased it to Elickson. During the lease, a meteorite fell on the land. Hoaglan dug up the meteorite in Elickson’s presence and sold it to Winchell (D). The trial court entered judgment for Goddard in an action to replevy the meteorite and Winchell appealed.

Issue

Does a natural object which falls from the sky and becomes embedded in land belong to the person who found it?

Holding and Rule of Law

No. An object embedded in the soil belongs to the owner of the land upon which it is located.

Winchell argues that the proper rule in this case is that any movable object is presumed to have been abandoned by its owner, regardless of where it is found, and therefore belongs to its finder. In determining which of the two rules to apply, the court distinguishes between ordinary personal property which becomes embedded in land and natural objects which become embedded in land due to natural forces. It finds that natural objects, such as the meteorite, which become embedded by natural processes, thereby become part of the land. The situation is analogous to the processes of accretion and erosion, whereby landowners gain or lose land due to natural forces. Therefore, the proper rule for determining ownership of such natural objects is that which prefers the landowner over the finder.

Disposition

Affirmed.

Notes

While the general rule is that the finder of personal property takes title to it over all but the true owner, exceptions to this rule are found where the object was embedded in the soil, or where the object is migratory by its nature, as with animals, minerals, and gas.