Schley v. Couch
Supreme Court of Texas
284 S.W.2d 333 (1955)
Relevant factsFree
Schley (plaintiff) bought a house with a partially finished concrete garage floor and hired a contractor whose employee, Couch (defendant), discovered a broken glass jar full of cash while excavating soil for the new floor. A jury found the money was mislaid property belonging to Schley as landowner, but the court of appeals reversed, characterizing the buried cash instead as treasure trove belonging to Couch as finder, prompting Schley's appeal to the Texas Supreme Court.
IssueFree
Whether, under Texas law, when an item is found upon private land under circumstances inconsistent with the notion that it was lost by the original owner, ownership rights vest with the landowner.