(Multiple persons serially claim property on a theory other than purchase or gift from prior owner.)
-Courts usually ask only as between A and B who has the superior title.
Trover: Wrongful taking of personal property without permission of property owner.
Did Pl. have ownership? Yes | Against everyone except rightful owner.
Possession establishes a property right that is better than everyone else except true owner.
Property = in rem (those rights which bind all the world.)
Armory was a poor chimney sweep who found a jeweled ring. He took it to a jeweler who removed the jewel and told him that the empty ring was only worth 3 halfpence. Armory sued in trover.
Trover is an old common law action for money damages resulting from the defendant taking or using something rightfully belonging to the plaintiff.
The English Court found for Armory.
[Hypothetical]: After Delamarie pays £50 to Armory | true owner shows up
Is Delamarie forced to pay twice? Or does he have a defense?
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