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Keywords

lawsuitdamagesappealtrialsummary judgmentappellantappellee
defendantappealtrialappellantappellee

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Morgan v. Wiser, 711 S.W.2d 220, 61 A.L.R.4th 1173

Facts

The appellants filed a lawsuit after the appellees allegedly found gold coins buried on their property using a metal detector. The appellants claimed that the appellees trespassed and sought either the return of the coins or damages. The appellees denied finding any coins on the appellants' property and asserted that the law of treasure-trove entitled them to the coins. The Chancellor granted summary judgment to the appellees, concluding that the coins qualified as treasure-trove.

The appellants filed this action on January 16, 1984, naming the appellees as defendants and alleging that the appellees trespassed upon the Bedford County farm of the appellants, searched the premises with a metal detector, and found a cache of gold coins buried in an iron pot.

Issue

Does the common-law rule regarding treasure-trove apply when property is found embedded in the soil, or does the presumption of possession lie with the owner of the land?

Does the common-law rule regarding treasure-trove apply when property is found embedded in the soil, or does the presumption of possession lie with the owner of the land?

Rule

The court adopted the rule that where property is found embedded in the soil under circumstances indicating it has not been lost, the finder acquires no title, as the presumption is that the possession of the article found is in the owner of the land.

Where property is found embedded in the soil under circumstances repelling the idea that it has been lost, the finder acquires no title thereto, for the presumption is that the possession of the article found is in the owner of the locus in quo.

Analysis

The court analyzed the circumstances under which the coins were found and determined that they were embedded in the soil, which indicated that they had not been lost but rather intentionally hidden. The court rejected the common-law rule of treasure-trove, which would allow finders to claim ownership against the landowner, and instead applied the presumption that the landowner retains possession of any property found on their land.

The court analyzed the circumstances under which the coins were found and determined that they were embedded in the soil, which indicated that they had not been lost but rather intentionally hidden.

Conclusion

The Court of Appeals reversed the Chancellor's decision and remanded the case for a new trial, establishing that the presumption of possession lies with the landowner when property is found embedded in the soil.

The judgment of the court below is reversed and the cause is remanded to the Chancery Court of Bedford County for a new trial under the rule announced in this opinion.

Who won?

The appellants prevailed in the appeal because the court found that the common-law rule of treasure-trove did not apply, and the presumption of possession was in favor of the landowner.

The appellants prevailed in the appeal because the court found that the common-law rule of treasure-trove did not apply, and the presumption of possession was in favor of the landowner.

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