Edwards vs. Sims - under their land A man owns only what he...

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Econ 404 5/7/2009 Edwards vs. Sims (Judge) Judge: Sims Court: Court of Appeals of Kentucky (Location, Date): Kentucky, March 1930 Plaintiff: The cave you are using to make profit is under my land? I will sue you because you’ve been trespassing. Case Summary: Edwards has a cave under his land and he has turned it into a profitable attraction. Part of it is under FP Lee’s land and he is suing Edwards for damages. The lower court ruled that the cave/property cannot be surveyed, which was overturned. The judge then said that he who owns the entrance to the cave owns the whole thing. That it is unfair to have someone sue because a cave you have been profiting off of is
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Unformatted text preview: under their land. A man owns only what he can use, that which he cannot control is not subject to his domination. Defense: The entrance to the cave is on my land, and I’ve been using it to make money for a long time, now you just sue me and ask for my hard owned money back? Verdict: The cave is Edwards, because he made it what it was. He worked hard and he possessed the entrance to it. Any ruling by a court which brings great and irreparable injury to a party is erroneous. Judge Sims overturned the survey, and said that Edwards has rights due to reasons above. Law and Economics Notes:...
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