Thread: Wright Letters
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Old 07-07-2009, 06:30 PM
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Peter Spaeth
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Frank you of course correctly state the common law rule that a thief cannot convey good title even to a bona fide purchaser, but is there not also the possibility that an action by the true owner -- like any other cause of action -- could be barred by a statute of limitations?

EDIT TO ADD For example, based on very quick internet only research. 1. In New York the limitation period for stolen property is three years. The law upholds that an action for recovery of stolen goods (replevin) “against a person who lawfully comes by a chattel arises, not upon the stealing or the taking, but upon the defendant’s refusal to convey the chattel upon demand.” In other words, this law could be interpreted to mean that the clock on the limitation begins ticking when the current possessor refuses to return the object.

Last edited by Peter_Spaeth; 07-07-2009 at 06:39 PM.
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