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Allred v. Biegel

240 Mo. App. 818 (1949)

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Allred v. Biegel

Missouri Court of Appeals

240 Mo. App. 818 (1949)

Facts

Allred (plaintiff) went swimming in a new channel created by the Chariton River. While swimming, Allred discovered an ancient Indian canoe embedded in soil of the riverbank, which was part of land owned by Evans. After a discussion, Allred and another party decided they would remove the canoe and either sell it to a museum or exhibit it. For some reason, Allred showed Biegel the canoe. Biegel and his sons excavated the canoe the next day without Allred. No one could say how old the canoe was or to whom it had once belonged. Allred brought an action against Biegel for rights to the canoe under the theory that Allred was entitled to the canoe as the finder of lost property. Evans, the landowner, intervened in the action. The trial court entered judgment in favor of Evans. Allred appealed.

Rule of Law

Issue

Holding and Reasoning (Sherry, J.)

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