Hannah v. Peel p. 111 Kings Bench 1945 Facts: Peel’s house was being used by a military division to house soldiers and he was being compensated 250L a year for it. Hannah was living in the house when he found a brooch that was covered in dust and cobwebs. He gave it to the police for them to find the owner. The police could not find the owner and then gave it to Peel. Peel then sold it in October, 1942 for 66L. The buyer then resold it a month later for 88L. There was no evidence that Peel had any knowledge of the brooch’s existence until Hannah found it. Hannah is suing because he was the finder of the brooch. Who has a right to a lost object, the finder or the owner of the property on which is was found? A man possesses everything which is attached to or under his land. If you never possessed the land then do you have the same expectations. Bridges v. Hawkesworth 1079 Facts: Bridges was in the D store where he found a box full of bank notes worth 65L. He gave the notes to the owner of the store, D, so they could be claimed by the owner. 3 years later they still had not been claimed. P wants them back and D did not give them back. The court initially said D has a right to them because they were found in his store. The case went to appeal. Does the notes being found inside the D shop give him the right to have them against the person who found them? No, because the notes were never in the custody of the D nor within the protection of his house. This case falls under the general rule where the finder has protection against all except the subsequent owner. South Staffordshire Water Co. v. Sharman 1896 Facts: Water Co. haired Sharman to clean out a pool of water on their land. Sharman found two rings in the bottom of the water in some mud. He did not tell the Water Co. about the rings. In action it was determined by a judge that the company is entitled to the rings. The possession of land carries with it in general, by our law, possession of everything which is attached to or under that land. and, in the absence of a
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better title elsewhere, the right to possess it also. And it makes no difference that the possessor is not aware of the thing’s existence. If a man finds a thing as the servant or agent of another, he finds it not for himself, but for that other. Elwes v. Brigg Gas Co. Facts: Gas Co has leased some land. They find a buried boat. The land owner sues and gets the boat. Everything attached to or under the land goes to the owner of the land.
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