Synopsis of Rule of Law. Even though a person may have unauthorized possession of a piece of property, his title to the property is superior against anyone except the real owner or someone who has authority from the owner to possess it. In other words, bare possession of property, though wrongfully obtained, is sufficient title to enable the party enjoying it to maintain possession over a mere stranger.
One who takes property from the possession of another can only rebut this presumption of title by showing a superior title in himself, or in some way connecting himself with one who has.
View Full Point of LawIssue. Whether a person who has stolen property from a stranger has a right to that property over another person.
Held.
Yes. Even though a person may have unauthorized possession of a piece of property, his title to the property is good against anyone except the real owner or someone who has authority from the owner to possess it. In other words, bare possession of property, though wrongfully obtained, is sufficient title to enable the party enjoying it to maintain possession over a mere stranger. The party in possession has superior title against all the world except those having better title.
Discussion. This theory of superior title calls into question why our justice system would assist thieves in recovering property that they obtained illegally. Pursuant to this decision, a person has an immediate right to possession of property he or she has stolen, and that right is superior to everyone except the original owner, or someone who has the authority of the owner. This raises serious policy concerns about whether a thief should be rewarded for his wrongdoing.