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Clark v. Maloney

Superior Court of Delaware
3 Del. 68 (1840)


Facts

Thomas Clark (plaintiff) found 10 pine logs floating in the Delaware bay after a flood. Clark tied the logs to the mouth of the Mispillion creek with a stake. John Maloney and Robert Maloney (defendants) subsequently took possession of the logs, claiming to have found the logs adrift and floating up the Mispillion creek after the logs were loosened from the stake by accident or design. Clark sued Maloney in an action for trover to recover the value of the logs. A jury heard the case in trial court.

Rule of Law

Issue

Holding and Reasoning (Bayard, C.J.)

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