Saturday, December 1, 2012

Haslem v. Lockwood case brief

      • Haslem v. Lockwood (Conn, 1871, p14) [Manure pile-maker (P) v. Manure taker (D)]

        • Rule: Abandoned property belongs to the first occupant, the P, who had “changed its original condition and greatly enhanced its value by his labor.”

        • D argues that P leaving it overnight means P lost his rights… but:

        • Q: “If a party finds property comparatively worthless… and greatly increases its value by his labor and expense, does he lose his rights if he leaves it a reasonable time to procure the means to take it away, when such a means are necessary for its removal?” A: NO.

        • Facts: P raked into heaps manure that had accumulated in a public street , intending to carry it away the next day. Before he could do so, D found the heaps and hauled them off in his cart. Court held for P.

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