HANNAH V. PEEL King's Bench Division, K.B. 509 (1945) CASE BRIEF

HANNAH V. PEEL
King's Bench Division, K.B. 509 (1945)
NATURE OF THE CASE: This was an action to recover personal property.
FACTS: Peel (D) bought a home in 1938. D never moved into the house. In 1940, D's home was used by the military in World War II. Hannah (P), a lance-corporal serving in the Royal Artillery, was stationed at the house and found a brooch on top of a window sill of a room that was being used as a sickbay. The room was in a remote part of the house. On the advice of his commanding officer, P gave it to the police, who after two years gave it to D in 1942. D sold it for 66 pounds. There was no evidence that D ever had any knowledge of the existence of the brooch before it was found by P. P attempted to regain possession, but D refused to return the brooch. P wanted to recover the brooch or its value. D contends that he has superior title because he owned the land where the property was found. There were no real issues of fact in this case.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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