Armory v Delamirie [1722] EWHC KB J94

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Facts

  • Armory, a chimney sweep boy, finds a gold ring.
  • He takes the ring to a jeweller, Delamirie, to be valued.
  • The jeweller’s apprentice takes out the precious stone and steals it.
  • The jeweller offers to buy the ring (minus the precious stone) from Armory for three halfpence.
  • Armory demands it back.

Issues

  • Was Armory’s prior right of possession superior to Delamirie’s, despite neither party being the true owner of the ring?

Held

  • Armory’s prior right of possession was better than Delamirie’s.
  • There can be property rights that are better than all except the owner’s and therefore you can have trover.

Full Text

The full text is available here:  http://www.bailii.org/ew/cases/EWHC/KB/1722/J94.html


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