Armory v. Delamirie

A chimney sweeper's boy found a jewel and took it to a goldsmith's shop to learn its value. The goldsmith's apprentice removed the stones from the setting under pretense of weighing the jewel and refused to return them, offering only three halfpence for the empty socket. The boy refused the money and sued the goldsmith in trover for the value of the jewel. The goldsmith argued the boy had no standing to sue because he was not the true owner of the jewel.

Chief Justice Pratt reasoned that the finder's prior possession of the jewel gave him a property right sufficient to maintain an action against anyone other than the rightful owner. The court rejected the argument that because the boy was not the true owner, he had no legal interest to protect. The finder's possession was itself a form of property right, and the law protects possession as a basis for title. The adverse presumption rule was established as a practical measure to prevent wrongdoers from profiting by their refusal to produce evidence.

Armory v. Delamirie established the principle of relative title, which remains central to Anglo-American property law. The concept that possession creates rights enforceable against everyone except someone with a superior claim has been applied to real property, personal property, and intangible interests. The adverse presumption rule has also been widely adopted in evidence law.