a. What kind of found property are the coins?
b. What is treasure trove?
c. What is the common law rule concerning who may keep treasure trove?
d. Compare this common law rule with the rule for mislaid property.
e. Provide a concise, compelling syllogism that explains the opposite outcomes.
f. Who should win, the Morgans or Wiser?
This case illustrates the difficulty that courts have had deciding cases of found property and highlights one of the policies behind judicial thinking. Wiser found gold coins over 100 years old. The Morgans sued, claiming that Wiser found the coins on their property, and that the money therefore belonged to them. Wiser denied having found the coins on the Morgans' property but argued that, even if he had discovered them there, he was entitled to them.
The coins were all dated 1861 or earlier. They were buried 8 to 20 inches below the surface, in a place that showed no recent digging. The coins were covered with rust and appeared to have been buried in a container that had decomposed.