Property Law Keyed to Kurtz
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Favorite v. Miller
Facts
Defendant trespassed onto Plaintiff’s property. While there, he found and removed a valuable portion of a Revolutionary War statue. When Plaintiff sued for its return, Defendant claimed that the property was abandoned by its original owners and that, as the finder, he was entitled to keep it. Plaintiff argued that the artifact was “mislaid” instead of abandoned and that as owner of the premises upon which it was found, the artifact belonged to him. The court found that Plaintiff held superior tile and Defendant appealed.
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