Quote:
Originally Posted by Peter_Spaeth
We have been through this before but a thief cannot convey good title to anyone, even to a BFP. The one complication here may be if the thief had voidable title, in which case a BFP may take good title. So the question is whether obtaining the card in this fashion is theft, or something more akin to fraud.
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Well the original owner did convey the card with the intention of transferring title, right? So assuming this transaction was induced by fraud, it is not "theft" - it would be fraud. Which results in voidable title in the fraudster. Which then becomes good title in the BFP.
Anyways, I did not intend to turn this into law talk (which I enjoy, but I'm sure is boring to most people on the Board).
I'd like the people who think it is so clear to consider it this way:
You spent $5,500 to buy a nice graded green Cobb at a card show - approximately market value. It is a prized card in your collection. Later, you need money for medical bills, kid's school, you lose your job...whatever. You decide, among your many options for selling your Cobb, that Mile High has a great reputation. You are needing to get your money back out of this card (or better) so you trust Mile High to help you sell it and you mail your Cobb to them in good faith. Then, Mile High, acting as judge/jury, in the absence of any hearing or judicial finding of any kind, unilaterally decides that you are not the proper owner of the Cobb. They advise you that you are not getting the Cobb back or any of your money. The card will be sent to someone you never heard of.
Still think this is fair?
Anyways, I've expressed my views on this, so I won't try to make it any clearer than that. If people disagree with me, I respect that.
Cheers,
Blair