McLaughlin v. Waite
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. McLaughlin came, by finding, to the possession of a certificate granted by the Waites, who were lottery ticket venders, in these words: “ Literature lottery, second class, new series, Waites’ office, 13, 27, 29. This ticket will entitle the holder 40 one half share of such prize as shall be drawn to its number, in the second lottery new series, agreeable to an act of the legislature of this state, if demanded within twelve months after the…
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Error from the supreme court. McLaughlin came, by finding, to the possession of a certificate granted by the Waites, who were lottery ticket venders, in these words: “ Literature lottery, second class, new series, Waites’ office, 13, 27, 29. This ticket will entitle the holder 40 one half share of such prize as shall be drawn to its number, in the second lottery new series, agreeable to an act of the legislature of this state, if demanded within twelve months after the completion of the drawing, subject to a deduction of fifteen per cent. Half—G. & R. Waite. New-York, May, 1823.” On the 23d…
1Opinion of the Court
The following opinions were delivered:
By the Chancellor.
There is no doubt as to the right of the finder of a chattel to retain the possession thereof against all the world except the rightful owner. If chattels are found secreted in the earth, or elsewhere, the common law presumes the owner placed them there for safety, intending to reclaim them. If the owner cannot be found, he is presumed to be dead, and that the secret died with him. In such cases, the property belongs to the sovereign of the country as the heir to him who was the owner; but if they are found upon the surface of the earth,…
2Cited by11 opinions
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- United States v. RamirezCourt of Appeals for the Fifth Circuit · 2023
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