法学美国财产法讲义.doc

Property Law Outline SUBSEQUENT POSSESSION Ownership: “title” to property; usually prove by showing docs by previous O (or 1st possessor) transferring title to present title holder. Title, or ownership, is relative; lawyers conceive of property as referring to relationships among people w/ respect to things, not to a relationship between a person and a thing. An owner always wins against a mere possessor. Possession is proved by showing physical control and the intent to exclude others. Possession is easier to prove than ownership. First possession: Making an unowned thing, or previously enjoyed by all, one’s own. First-In-Time Rule: The first person to take possession of a thing owns it. Subsequent possession: something is already owned by someone else, A, and it comes into B’s possession w/out A’s consent, B can become its ‘owner’ w/out being declared owner, and be granted protection by the legal system. Prior Possession rule: a prior possessor wins over a subsequent possessor in claims re both personal property and real property; rule can be explicitly invoked only in support of honest claimants (unless between 2 wrongdoers) Acquisition by Find TO Prior Possessor Subsequent Possessor (Armory v. Delamirie; chimney sweep) Entitled to trover ($ damages measured by value of object; forced sale) or replevin (return of the goods) For real property, equivalent is action for trespass (damages) or ejectment (possession) Voluntary bailment: when one party gives temporary possession of her property to another; “a wrongdoer, having once paid full damages to the bailee (has rightful possession of goods, but is not TO), has an answer to any action by the bailor (TO).” In voluntary bailment cases, bailor (TO) must go after bailee for recovery if bailee has already recovered from the wrongdoer; so TO cannot get the item back from wrongdoer; but can try getting the money back from the bailee. By voluntarily bailing, you agreed to have bailee represent you (although