Property I, Pages 130–131
Armory v. Delamirie
King's Bench, 1722
Facts:
Plaintiff, a chimney sweeper, found a jewel and brought it to a goldsmith to be evaluated. The goldsmith, defendant, took the jewel and only gave back the setting.
Issue:
Can one own an item lost or misplaced item?
Defendant's Argument:
Plaintiff was not the original owner so he had no more right than defendant did.
Rule/Holding:
The finder a jewel does not gain an absolute right of ownership but does gain a right of indefinite possession.
Judgment:
Judgment for the plaintiff. The item is to be returned or its highest estimated value paid if it is not.