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Armory v. Delamirie, King’s bench, 1722 Does Armory, as a finder, have a better property right than ∆? Issue Reasoning
∏ gets max value unless ∆ produces the missing gems.
Rule
A finder does not have absolute property. A finder has property against all except the rightful owner.
Facts
Armory found a jewel and took it to Delamirie to get it appraised. Delamirie’s apprentice took the gems out while pretending to weight it and offered Armory some $. Armory refused the $ and Delamirie returned the jewel without the gems.
Held Procedure P argues D argues
Award of full value to Armory.
Trover:An old English and common law legal proceeding against a person who had found someone else's property and has converted that property to their own purposes. Replevin: An action to recover the possession of personal property taken or withheld from the owner unlawfully.