Meteorite fell and was recovered by a third party

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meteorite fell and was recovered by a third party accompanied by Plaintiff’s lessee and sold to Defendant. Facts. Plaintiff Goddard owned prairie land which was leased to Elickson upon which, during the term of the lease, a meteorite fell. Elickson accompanied Hoagland, a neighboring land owner, who dug up the 66 pound meteorite valued at $101.00. Thereafter, Hoagland sold the meteorite to Defendant Winchell, who was aware that the meteorite had fallen south of Hoagland’s land. Plaintiff filed a Writ of Replevin in the District Court to have the Court order the meteorite returned. The District Court ruled that the meteorite became a part of the soil upon which it fell to a depth of 3 feet and thus belonged to the Plaintiff.
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Issue. Is the meteorite a part of the land upon which it falls and thus owned by the owner of such land, or is the meteorite a movable object which if unclaimed belongs to any person who might claim it? McAvoy v. Medina (Prop C6) Citation. 93 Mass. 548, 11 Allen 548 (1866) Brief Fact Summary. Plaintiff was a customer at Defendant’s barber shop and found a pocket-book on the counter which he left with Defendant to attempt to discover the rightful owner. When the rightful owner was not found, Plaintiff demanded return of the pocket-book, which Defendant refused to give back. Facts. Plaintiff was a customer at Defendant’s barber shop and found a pocket-book on the counter which he left with Defendant so that Defendant could attempt to discover the rightful owner. When the rightful owner was not found, Plaintiff demanded the pocket- book which Defendant refused to give back. Plaintiff left the pocket-book with Defendant for Defendant to find the rightful owner and to advertise so that the owner might be found. Plaintiff made three demands for return of the pocket-book from Defendant, who denied that he possessed the pocket-book until the last. The parties agreed that the
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  • Spring '13
  • Mr.Arnao
  • Migrant worker, Defendant Winchell

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