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Keywords

contractstatutecommon law

Related Cases

Corliss v. Wenner, 136 Idaho 417, 34 P.3d 1100

Facts

In the fall of 1996, Jann Wenner hired Anderson Asphalt Paving to construct a driveway on his ranch. During excavation, employees Larry Anderson and Gregory Corliss discovered a glass jar containing gold coins. They agreed to split the coins, but after a dispute, Anderson fired Corliss and later gave the coins to Wenner. Corliss then sued for possession of the coins, leading to the current legal dispute.

In the fall of 1996, Jann Wenner hired Anderson Asphalt Paving to construct a driveway on his ranch in Blaine County. Larry Anderson, the owner of Anderson Asphalt Paving, and his employee, Gregory Corliss, were excavating soil for the driveway when they unearthed a glass jar containing paper wrapped rolls of gold coins.

Issue

The main legal issues were whether Corliss had a rightful claim to the gold coins found on Wenner's property and whether Anderson was entitled to judgment on the promissory note signed by Corliss.

The major distinctions between characterizations of found property turn on questions of fact, i.e., an analysis of the facts and circumstances in an effort to divine the intent of the true owner at the time he or she parted with the property.

Rule

The court ruled that the 'finders keepers' rule of treasure trove was not adopted in Idaho, and that the coins were classified as mislaid property, which belongs to the landowner.

The district court determined that the 'finders keepers' rule of treasure trove had not been previously adopted in Idaho, that it was not a part of the common law of England incorporated into Idaho law at the time of statehood by statute, and that the coins, having been carefully concealed for safekeeping, fit within the legal classification of mislaid property, to which the right of possession goes to the land owner.

Analysis

The court determined that the coins were not abandoned or lost, as they were carefully concealed for safekeeping. The modern trend in property law favors classifying such finds as mislaid or embedded property, which grants possession to the landowner. The court concluded that Corliss had no lawful claim to the coins since they were found on Wenner's property.

The district court also implicitly rejected the notion that the coins were lost, noting that the coins were secreted with care in a specific place to protect them from the elements and from other people until such time as the original owner might return for them.

Conclusion

The court affirmed the lower court's ruling, granting possession of the coins to Wenner and judgment on the promissory note to Anderson.

Accordingly, we adopt the district court's reasoning and conclusion melding the law of mislaid property with that of embedded property and conclude, as a matter of law, that the landowner is entitled to possession to the exclusion of all but the true owner, absence a contract between the landowner and finder.

Who won?

Jann Wenner and Larry Anderson prevailed in the case because the court found that the coins were mislaid property belonging to Wenner and that Corliss had no lawful claim to them.

Wenner argues that the property was properly categorized as either embedded or mislaid property.

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