Clyde E. Morgan and Wife, Helen Morgan v. Max Wiser and Ed McClarty

711 S.W.2d 220, 61 A.L.R.4th 1173 (1985)

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Clyde E. Morgan and Wife, Helen Morgan v. Max Wiser and Ed McClarty

Tennessee Court of Appeals
711 S.W.2d 220, 61 A.L.R.4th 1173 (1985)

KL

Facts

Max Wister and Ed McClarty (defendants) found a cache of gold coins buried in an iron pot on the property of Clyde and Helen Morgan (plaintiffs). Wister and McClarty used a metal detector to locate the coins and were trespassing on the Morgans’ farm at the time. The Morgans sued, seeking a judgment requiring Wister and McClarty to return the coins or pay damages. The Morgans did not claim to be the original owners of the coins. Wister and McClarty raised the affirmative defense that the law of treasure trove applied to the coins, meaning that their ownership rights as the finders of the coins trumped the rights of anyone but the coins’ true owners. The lower court agreed, holding that common law on treasure trove property stated that the title to found objects belonged to the finder. The Morgans appealed.

Rule of Law

Issue

Holding and Reasoning (Cantrell, J.)

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