Favorite v. Miller

176 Conn. 310 · Supreme Court of Connecticut · 1978

Facts

In 1776, patriots toppled a gilded lead statue of King George III in New York, which was then broken apart and transported towards a bullet-molding foundry. During the journey, loyalists stole pieces of the statue in Wilton, Connecticut, scattering them in the Davis Swamp area, where fragments have been found ever since. In 1972, Louis Miller, knowing the land was private, entered the plaintiffs' property in the Davis Swamp with a metal detector. He discovered a 20-pound statuary fragment embedded ten inches below the soil, which he dug up and removed. The plaintiffs learned of the discovery from a newspaper after the fragment had been taken, and Miller later agreed to sell it to a museum for $5500.

Procedural history

In March 1973, the plaintiffs initiated an action to have the fragment returned to them, and the case was submitted to the trial court on a stipulation of facts. The trial court ruled in favor of the plaintiffs, and the defendant appealed that judgment to this court.

Issue

Is the claim of a defendant, as finder, superior to that of the plaintiffs, as owners of the land upon which an historic fragment was discovered, when the defendant was a trespasser and the property was embedded in the earth?

Holding

No, the court held that the landowner's claim is superior. The fact that the property was embedded in the earth and the defendant was a trespasser are sufficient to defeat any claim the defendant might have had as a finder.

Rule

The court established that a wrongdoer should not be allowed to profit by their wrongdoing. Therefore, a finder who trespasses, especially when the trespass is not trivial, is deprived of their normal preference over the owner of the land where the property was found. Additionally, property (other than treasure trove) found embedded in the earth is presumed to belong to the owner of the land, and the finder acquires no rights to it.

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