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Favorite v. Miller

Supreme Court of Connecticut
407 A.2d 974 (1978)


Facts

At the beginning of the Revolutionary War, a group of patriots dismantled a statue of King George III in New York City, bringing the pieces with them on their way through New England. While in Connecticut, the pieces were recovered by a group of loyalists, who buried them in different areas, to be recovered at a later date. Many of the pieces were never recovered. In 1972, Louis Miller (defendant) entered upon the land of Mr. and Ms. Favorite (plaintiffs) after hearing that a piece of this statute might be buried on the land. Mr. Miller was aware that the property on which he was entering was private property. Through the use of a metal detector, Mr. Miller found a piece of the statue, dug it up, and entered into a contract to sell the piece to the Museum of the City of New York for $5,500. Mr. and Ms. Favorite then brought this action against Mr. Miller. The trial court ruled in favor of the Favorites, determining that the piece was mislaid and therefore belonged to the Favorites because it was located on their property. Mr. Miller then appealed to the Supreme Court of Connecticut.

Rule of Law

Issue

Holding and Reasoning (Bogdanski, J.)

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