Clark v. Maloney
Superior Court of Delaware
3 Del. 68 (1840)
Relevant factsFree
Clark (plaintiff) found ten pine logs floating in Delaware Bay after a storm and secured them by tying them to a stake at a creek mouth. The Maloneys (defendants) later found the same logs adrift and took possession, claiming they had found them by accident. Neither Clark nor the Maloneys were the logs' original owner. Clark sued to recover the logs.
IssueFree
Whether, if lost property has been found on separate occasions by various parties who are not the property's owner, the first finder has a superior claim to the property over subsequent finders.