Goodard v. Winchell
Decision Date | 04 October 1892 |
Citation | 52 N.W. 1124,86 Iowa 71 |
Parties | GOODARD v. WINCHELL. |
Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from district court, Winnebago county; JOHN C. SHERWIN, Judge.
Action in replevin. The subject of the controversy is an aerolite. In the district court the cause was tried without the aid of a jury, and the court gave judgment for the plaintiff, from which the defendant appealed.C. B. Elliot, C. H. Kelley, and W. S. Pattee, for appellant.
Peters & Fisher and W. E. Bradford, for appellee.
The district court found the following facts, with some others, not important on this trial: As conclusions of law, the district court found that the aerolite became a part of the soil on which it fell; that the plaintiff was the owner thereof; and that the act of Hoagland in removing it was wrongful. It is insisted by appellant that the conclusions of law are erroneous; that the enlightened demands of the time in which we live call for, if not a modification, a liberal construction, of the ancient rule, “that whatever is affixed to the soil belongs to the soil,” or, the more modern statement of the rule, that “a permanent annexation to the soil, of a thing in itself personal, makes it a part of the realty.” In behalf of appellant is invoked a rule alike ancient and of undoubted merit, “that of title by occupancy;” and we are cited to the language of Blackstone, as follows: “Occupancy is the taking possession of those things which before belonged to nobody;” and “whatever movables are found upon the surface of the earth, or in the sea, and are unclaimed by any owner, are supposed to be abandoned by the last proprietor, and as such are returned into the common stock and mass of things; and therefore they belong, as in a state of nature, to the first occupant or finder.” In determining which of these rules is to govern in this case, it will be well for us to keep in mind the controlling facts giving rise to the different rules, and note, if at all, wherein the facts of this case should distinguish it. The rule sought to be avoided has alone reference to what becomes a part of the soil, and hence belongs to the owner thereof, because attached or added thereto. It has no reference whatever to an independent acquisition of title; that is, to an acquisition of property existing independent of other property. The rule invoked has reference only to property of this independent character, for it speaks of movables “found upon the surface of the earth or in the sea.” The term “movables” must not be construed to mean that which can be moved, for, if so, it would include much known to be realty; but it means such things as are not naturally parts of earth or sea, but are on the one or in the other. Animals exist on the earth and in the sea, but they are not, in a proper sense, parts of either. If we look to the natural formation of the earth and sea, it is not difficult to understand what is meant by “movables,” within the spirit of the rule cited. To take from the earth what nature has placed there in its formation, whether at the creation or through the natural processes of the acquisition and depletion of its particular parts, as we witness it in our daily observations, whether it be the soil proper or some natural deposit, as of mineral or vegetable...
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