Zornes v. Bowen

• Decision Date: 21 September 1937
• Docket Number: 43759.
• Citation: 274 N.W. 877,223 Iowa 1141
• Parties: ZORNES v. BOWEN et al.
• Court: Iowa Supreme Court

274 N.W. 877

223 Iowa 1141

ZORNES v. BOWEN et al.

No. 43759.

Supreme Court of Iowa.

September 21, 1937

Appeal from District Court, Marshall County; B. O. Tankersley Judge.

This is an action in equity brought by the appellee, as next friend of her minor daughter, Ida Mae Zornes, against the appellants, R. J. Bowen and Clara L. Bowen, husband and wife in which action appellee seeks to have determined her title and right to possession of certain moneys which her minor daughter found buried in the earth under the floor of one of the rooms of a house which was owned by the defendant R. J Bowen and occupied by the appellee as tenant at the time the money was found. Appellee claimed the money as lost property under chapter 515 of the 1935 Code (section 12199 et seq.) or under the ancient doctrine of treasure trove. The defendants denied that the money was " lost" property and claimed ownership and right of possession thereto on two grounds: (1) Because the money was found upon the property belonging to R. J. Bowen; and (2) because the money was placed in hiding by the former owner of said premises, the parents of Mrs. Clara L. Bowen, who, as their only heir, is entitled to the same by virtue of the laws relating to inheritance. The trial court found that the money was treasure trove, and as against everyone except the true owner the finder was entitled to the possession thereof, and entered decree accordingly, and the defendants have appealed.

Affirmed.

Money found concealed under floor of house on leased premises by child of tenant, in absence of any evidence as to who placed money in its hiding place, was " treasure trove," and the child, as finder, was entitled to possession of money as against everyone except the true owner, where statutory provisions relating to lost property were complied with (Code 1935, § 12199 et seq.).

Boardman & Cartwright, of Marshalltown, for appellants.

Roy L. Pell, of Marshalltown, for appellee.

HAMILTON, Chief Justice.

This case presents a rather novel legal question, and one concerning which our court has had little to say; but the law seems to be fairly well settled, both in England and in this country, that where money is found under circumstances such as the record in this case discloses, the finder is entitled to possession as against everyone except the true owner.

There is no dispute as to the material facts. The money was concealed beneath the floor of a closet adjacent to a bedroom. It was contained in three ordinary glass fruit jars, two of which had glass lids, and one a zinc lid, with rubber bands beneath the lids. These fruit jars were placed in an ordinary granite bucket or pail. Within the bucket above the jars was a tin lid. This pail was placed in a hole dug in the ground beneath the floor of this closet. Over the bucket was placed a cement slab. Entrance was gained to this place by means of a trap door which had been cut in the floor of the closet. There were no hinges on the trap door.

Title to this real estate was acquired by Mary C. Seaver in 1908. She and her husband lived in this house until they died. Mary Seaver died in 1920 and her husband died in 1923, both intestate. They had two children-Clara L., who married R. J. Bowen, and another daughter, Dora, who married a man by the name of Sullivan. Dora died in 1927, leaving no children. Later her husband died. R. J. Bowen acquired title to this property through tax deed in 1923, and was the owner of it at the time this money was found. He had leased the property to Etta Zornes, a widow lady, who resided in the premises with her father, and her daughter, Ida Mae Zornes. After this action was started, Clara L. Bowen died intestate, and R. J. Bowen, her husband, was appointed administrator of her estate and substituted party defendant in her stead.

This money was found in June, 1933, about a year and a half after Mrs. Zornes moved into the property. It seems that the children in the neighborhood, including Ida Mae Zornes, were in the habit of hiding in this closet as they went about their play, and finally discovered this place in the floor where the boards were sawed in two, and pried up the same. The floor was up off the ground several inches, leaving room for the children to crawl in and hide under this trap door. This little eleven year old girl discovered this hole in which this bucket was concealed, and in digging around found the cement slab and removed it, discovered this old granite pail that the rust had eaten full of holes, and these jars wrapped in cloth. They had been there so long that when exposed to the air the cloth crumbled to pieces. She took the jars to her grandfather, who for a time placed them in a bureau drawer, and after consulting with a Mr. Rhodes, the money was taken to the Fidelity...