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Unauthorized Possession - PowerPoint PPT Presentation


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Unauthorized Possession. The Situation. No! Yes. Examples of Unauthorized Possessors. 1. Finders 2. Innocent convertors 3. Evil convertors (aka thieves). Anderson v. Gouldberg. Ann River Logging Company 1892 Photo. Russell v. Hill.

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examples of unauthorized possessors
Examples of Unauthorized Possessors
  • 1. Finders
  • 2. Innocent convertors
  • 3. Evil convertors (aka thieves)
anderson v gouldberg
Anderson v. Gouldberg

Ann River Logging Company1892 Photo

russell v hill
Russell v. Hill

Nantahalla River

basic issue
Basic issue
  • Can the interest of a non-owner possessor of personal property (e.g., a finder) ripen into title that is good against the true owner?
  • Contrast with mere running of statute of limitations preventing remedies against the possessor.
elements of adverse possession
Elements of Adverse Possession
  • 1. Possessor openly and notoriously holds the property.
  • 2. Possessor holds property hostilely (i.e., without true owner’s permission).
  • 3. For the statutory period of time.
chapin v freeland
Chapin v. Freeland

1881 repossessescounters (self-help)

1867

1867 nails down counters

1871 mortgage

1879 foreclosureand sale

o keeffe v snyder
O’Keeffe v. Snyder

Georgia O’Keeffe -- 1943

o keeffe v snyder1
O’Keeffe v. Snyder

Barry Snyder’s son, Gary