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Favorite v. Miller | 407 A.2d 974 (1978)

If someone trespasses on another person’s land and discovers a valuable piece of property, who is the rightful owner of the property? In Favorite versus Miller, we’ll see if the expression finders keepers, losers weepers holds true under the law.

After the Declaration of Independence was signed in seventeen seventy-six, a statue of King George the Third was broken apart and the pieces later abandoned in a swamp in Connecticut. In nineteen seventy-two, Louis Miller conducted research to locate a part of the broken statue. During Miller’s research, a local librarian informed him that the property he wanted to search was owned by Fred Favorite and that Miller should contact Favorite before entering the property. Miller never contacted Favorite. With the help of a metal detector, Miller discovered a small portion of the statue buried ten inches in the ground on Favorite’s property. Once Miller took the statue fragment from the land, he agreed to sell it to the Museum of the City of New York for five thousand five hundred dollars. Favorite didn’t learn about the piece of the statue that was found on his land until he saw an article about the discovery in the newspaper.

Favorite sued Miller to have the statue fragment returned. The trial court found in favor of Favorite. Miller appealed the holding to the Connecticut Supreme Court.

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