Legal Question in Civil Litigation in Texas

A ring lost in 1989 in for sale on eBay.

My brother lost his ring at a bar/restaurant on New Year's Eve in 1989. It is a West Point Peach Bowl Ring with his name engraved on the inside. We looked for the ring that night and the next day and notified the owner of the bar/restaurant that the ring was lost and provided contact info. That same ring is now for sale on eBay. The seller's pictures clearly show my brother's name. My brother sent an email asking the seller to return the ring. The seller has refused and has said that my brother may buy the ring from him for $1500. The ring was lost in Arizona. The eBay seller in in Texas. My brother, a colonel in the US Army, is currently stationed in Pennsylvania.

Legal Recourse?


Asked on 10/18/08, 2:56 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: A ring lost in 1989 in for sale on eBay.

You asked about a lost ring.

This is an easy one. Find any documentation of ownership of the ring and preferably any documentation demonstrating that the ring was lost and better, that it was reported lost.

Call the police agency local to the seller and file a report with the detectives. You may also want to present this to your local police.

This would fall under the law of trover. While the rule of finders-keeprs is generally pretty accurate an object is only kept by a discover with a claim against all others except the true owner. That means that an object that is lost, belongs to the person who found it unless the true owner claims it.

In your case, the last person holding the ring loses out to your brother. If that person acquired the ring through a means that such person knew or should have known that it was ill-gotten then they would have no claim against the seller. In your case, if the seller sells the ring, your brother can demand it from the buyer and the buyer would have a claim against the seller for full restitution as the seller now knows it is not trover.

Jump on this matter quickly and I bet your brother can have his ring back in a few weeks or less. Maybe more if the seller really wants to take a risk.

Regards,

Roger

Read more
Answered on 10/18/08, 3:44 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Texas