GODDARD v.

WINCHELL o It came into its position on the earth

Action: Replevin for an aerolite.
Facts:
1. John Goddard owns land, and has had it since 1857.
He is an owner in fee simple in Winnebago County,
Iowa.
2. Said land was a prairie land, and the grass privilege
for the year 1890 was leases to James Elickson.
3. On May 2, 1980, an aerolite weighing 66 pouds, fell
into Goddard’s land and buried itself 3 feet into the
ground.
4. The day after it fell, it was dug out of the ground by
Peter Hoagland, with Elickson. Hoagland took it into
his house, and claimed it for himself.
5. On May 5, 1890, Hoagland sold the aerolite to
Winchell for $105. Goddard took it to court, and
recovered the aerolite through replevin.
Procedural history:
District Court—
- Aerolite became part of the soil, and Goddard is the
owner of the land and soil.
- The act of Hoagland of removing it was wrongful.
through natural causes.
o It was also one of nature’s deposits, with
nothing in its material composition that
would make it unnatural to the soil.
o Therefore, it was IN THE EARTH, and in
every sense thus, IMMOVABLE.
3. Not applicable is this rule: the finder of lost articles,
even where they are found on the property, in the
building, or with the personal effects of third
persons, is the OWNER THEREOF against the world—
except the true owner.
o The subject of this case was never lost or
abandoned. It came from the earth, and
should be treated as such.
o Finally, the American and English
Encyclopedia of Law gives the proper rule,
appropriate for this case: An aerolite is the
property of the owner of the fee upon
which it falls.
4. Therefore, the first rule (the one on what affixes to
the soil) should be followed. The true owner is the
owner of the soil and of the land.

Issue / Question before the Court:

Conflict in which common law principles to apply:

1. Whatever is affixed to the soil belongs to the soil;

versus
2. Occupancy is taking possession of those things which
before belonged to nobody; whatever movables are
found upon the surface of the earth, or in the sea,
and are unclaimed by the owner, are supposed to be
abandoned by the last proprietor, and as such, are
returned into the COMMON STOCK and mass of
things. Therefore, they belong to the FIRST
OCCUPANT, or FINDER

Ruling:
1. The second rule (the one on occupancy) has no
reference to an independent acquisition of title, that
Is, to an acquisition of property existing independent
of other property. It only has reference to
“movables” “found upon the surface of the earth or
the sea.”
o Movables must not be construed to mean
that which can be moved.
o What is meant by movables are such things
as are not naturally parts of earth or sea,
but are on the one or in the other.
o To take from the earth what nature has
placed there in its formation is to take part
of the earth, and not movables.

2. Following from this, the subject of the dispute is an

aerolite, which fell from the heavens.