Quote:
Originally Posted by Exhibitman
Nice post Joann. Hate to sound all lawyerly here but has anyone considered that Leon might be the lawful owner of the card? A minority of states (and I believe Texas is one) allow a thief or his successor to convey good title to a bona fide purchaser. Before we bust out the tar and feathers I think we need an answer to that question.
|
I find that hard to believe, I thought the rule throughout the US was nemo dat quod non habet -- a thief cannot convey good title, therefore a subsequent purchaser cannot acquire good title. Always happy to learn though.
EDIT TO ADD I suppose there could be some variance in state statutes of limitation, but again, I would be surprised if any state allowed a subsequent purchaser's rights to prevail over an original owner whose goods were stolen. As the common law doctrine says, nobody can give what he doesn't have.