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Elwes v. Brigg Gas Co.

33 Ch. D. 562 (1886)

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Elwes v. Brigg Gas Co.

England and Wales High Court of Justice, Chancery Division
33 Ch. D. 562 (1886)

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Facts

Cary Elwes (plaintiff) leased a piece of land to Brigg Gas Co. (defendant) for 99 years. The lease permitted Brigg Gas to erect a boundary wall and gas holders, tanks, and sheds on the land, provided they were approved by Elwes’s surveyor or agent. While excavating the land, Brigg Gas discovered a prehistoric ship embedded several feet down in the clay soil. Elwes had not been aware of the ship before Brigg Gas found it. Elwes claimed ownership over the ship and demanded that Brigg Gas deliver it to him. Brigg Gas rejected the request, claiming that the boat belonged to the company as the finder. Elwes filed suit to determine true ownership of the boat.

Rule of Law

Issue

Holding and Reasoning (Chitty, J.)

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