Ferguson v. Ray
Oregon Supreme Court
From Jackson: Hiero K. Hanna, Judge. Replevin action by Robert A. Ferguson against Charles R. Ray. The plaintiff, being in possession of defendant’s premises under a lease, while cutting wood thereon in the afternoon of November 14, 1901, discovered a rich specimen of gold-bearing quartz lying on top of the ground.
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From Jackson: Hiero K. Hanna, Judge. Replevin action by Robert A. Ferguson against Charles R. Ray. The plaintiff, being in possession of defendant’s premises under a lease, while cutting wood thereon in the afternoon of November 14, 1901, discovered a rich specimen of gold-bearing quartz lying on top of the ground. Pie at once secured a pick and shovel, and on scraping the leaves away he found one or twro other small pieces “on top,” as he testified," or almost on top of the ground, sticking through the ground.” On digging through the surface he found others, extending to the depth of 10 or…
1Opinion of the CourtJustice Wolverton
1. The theory upon which the cause is sought to be maintained is that the quartz, the subject of the dispute, was either lost or abandoned property, and that in either event plaintiff is entitled to its possession or value as against the defendant and all 'others except the true owner. As the property was found beneath the surface of the earth, not upon it, the question has been presented whether or not1 it is treasure trove. We are firmly impressed that it cannot he so considered. Treasure trove, and its legal status, according to Blackstone, “is where any money, or coin, gold, silver,…
2Cases cited7 opinions
- Livermore v. WhiteSupreme Judicial Court of Maine · 1883
- Danielson v. RobertsOregon Supreme Court · 1904
- People v. M'GarrenNew York Supreme Court · 1837
- Kincaid v. EatonMassachusetts Supreme Judicial Court · 1867
- Sovern v. YoranOregon Supreme Court · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Foulke v. New York Consolidated RailroadNew York Court of Appeals · 1920
- City of Los Angeles v. AbbottCalifornia Court of Appeal · 1933
- Favorite v. MillerSupreme Court of Connecticut · 1978
- Dorrell v. ClarkMontana Supreme Court · 1931
- Schley v. CouchTexas Supreme Court · 1955
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