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Texas Woman's University LAW MISC ColonelHeronMaster364

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E&E Property Outline Supplement to Property 9th Edition by Jesse Dukeminier Professor Seplowitz 2019 Personal Property & First Possession Possession, Relativity of Title, & First-In-Time ! Posses... sion: controlling or holding of personal property, w/or w/o claim of ownership. It has 2 elements: 1. An intent to possess o the part of the possessor, & 2. His actual controlling or holding of the property o a possessor is said to have superior rights to pers prop against all except those having higher rights or title, & a possessor can recover possession of an item of pers prop, or recover damages for its injury or destruction ! Relativity of Title: the idea that a person can have a relatively better title or right to possession than another, while simultaneously having a right inferior to yet another person ! First-in-Right: is one way to prioritize several individuals’ rights; establishes a priority of rights based on the time of acquiring the right in question. o The chronologically first possessor has the better title Property Personal Prop: all prop other than real prop. Ex: cars, books, comps Intangible: assets that cannot be seen or touched but still have vaule. Ex: stocks, bonds, copyright, patent, $ Tangible: prop of physical nautrue; you can see & touch it. Ex: car, book, clothes, comp Fixture: personal prop that has been permanently attached to real prop, but can be removed. Has a hybrid nautre. Ex: dishwasher installed in a kitchen cabinet Real Prop: land & the improvements attached to the land. Ex: buildings, fences, damns 1 Downloaded by Angie Tejeda (angie.tejeda@yahoo.com) lOMoARcPSD|11137200 Actual Possession & the Fox Case ! Pierson v. Post→since Post never actually controlled the fox, the appellate ct rules that Post never took legal possession. o Post did not have control o This case involved a rule of possession made so that the first hunter to capture the fox wins. This is a rule of first-in-time, first-in-right. ▪ Necessity→if the law is to devise a rule for a race w/o a common starting line, then the end of the race is all that matters bc it is all the ct has to work with. [Show More]

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