SCHLEY V. COUCH
155 Tex. 195, 284 S.W.2d 333 (1955)
NATURE OF THE CASE: This was an action to establish the right of possession of found
property. Appealed. Couch (D) appealed a decision that reversed lower court order and
entered judgment in favor of Schley (P) as to money found on D's land under the doctrine of
treasure trove.
FACTS: Schley (P) bought a parcel of real property, upon which was built a garage. The
back half of the garage had a dirt floor. Shortly after buying the property, P hired Couch's
(D) employer to install a concrete floor in the back half of the garage. In the course of
performing this work, D found $1000 cash which had been placed in a glass jar and buried in
the dirt floor. The true owner of the money was not found. At trial, the jury found that the
money was 'mislaid,' as opposed to 'lost,' property. Based on this finding the court entered
judgment for P as bailee of the true owner. The Court of Appeals reversed, finding that the
money was neither lost nor mislaid property, but was treasure trove, and the right of
possession was with the finder.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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