Abandon, Historical 3 in Europe

Abandon and Abandonment, Historic 3

Personal Property – Sunken Vessels

• See also Lost Property.
• Property sunk in a steamboat and unclaimed for twenty years was held to be abandoned. Creevy v. Breedlove, 12 La. Ann. 745. See Eads v. Brazelton, 22 Ark. 499; Wyman v. Hurlburt, 12 Ohio 82,40 Am. Dec. 461.
• Abandonment of property divests the owner of his title therein, and the finder who reduces the same to possession after such abandonment is not guilty of conversion. Wyman v. Hurlburt, 12 Ohio 81, 40 Am. Dec. 461.

Abandonment of Invention

“Abandonment is a dedication to the public—that is to say, the party has withdrawn himself from the claim of monopoly and exclusive use which he might have had for his invention, and notwithstanding whatever it may be worth, it thenceforth belongs to the public—it is abandoned to the public.” U. S. V. Hall, 7 Mackey (D. C.)

Abandon in the Sense of Leave

• In a bill of exceptions the term abandon was held by the court to have been used in the sense of remove. The court said: ” What is meant by the expression in the bill of exceptions, that be abandoned his possession to it?. The counsel for the plaintiff in error contends that it means that he gave up or yielded the title to all the lots. In our opinion, its fair interpretation is merely that he left it, as we find in the next sentence that the term removed is used as equivalent to the term abandoned, previously employed. The lots were separate and distinct from each other, and so considered by the grantor, as he refers to the plan of the city of Mobile for their boundaries.
• We cannot, therefore, understand the expression in the bill of exceptions ‘ that he abandoned it’ (the house he had built and occupied) to mean that he relinquished or yielded up his right and title to all the lots.” O’Brien v. Doe, 6 Ala. 792.

Abandonment of land.

• See also the titles Adverse Possession, Historical; Occupancy in Law; Real Property Law and Public Lands.
• In Dikes v. Miller, 24 Tex. 424, it was held that land might be abandoned. The court said: “Abandonment is the relinquishment of aright; the giving up of something to which one is entitled. If the owner sees proper to abandon his property, and evidences his intention by an act legally sulficient to vest or divest the ownership, why may he not do so in the case of land as well as of a chattel?.
• It might go to the government, instead of the first occupant, upon the principle upon which land escheated, or become derelict, belongs to the state. But I did not perceive that that would affect the question of power in the owner to abandon the property.” Approved in Tiebout v. Millican, 61 Tex. 517.
• To constitute abandonment there must be a concurrence of the act of leaving the premises vacant so that they may be appropriated by the next comer, and the intention of not returning. Judson v. Malloy, 4oCal. 309.
• An abandonment of realty will be presumed where the party leaves no property or improvement to indicate his intention to return and resume the occupancy of the land. Burke v. Hammond, 76 Pa. St. 172.
• The payment of taxes by the grantee in a tax deed upon the property for a portion of the time he is in possession, claiming title under the deed, is not by itself, disconnected from other circumstances, evidence that the owner has abandoned the property. Keane v. Cannovan, 21 Cal. 291. See also Davis v. Perley, 30 Cal. 630; Philadelphia v. Riddle, 25 Pa. St. 259.

Abandonment of a lease

A provision in a lease provided that the failure to make payment within a certain time after such payment was due should be considered “an abandonment of this lease.” The court, in construing the lease, said: ” It seems to me that the words ‘ shall be considered an abandonment,’ etc., as employed in the lease, must be considered, in a legal aspect, when applied to this lease, as amounting to no more than, and in fact as being equivalent to, the words ‘shall be considered forfeited.’” Bowyer V. Seymour, 13 W. Va. 20.

Abandonment for Torts

Abandonment for Torts is the transfer of an animal which has injured a person, in discharge of the owner’s liability. Brown Law Diet.; Bouvier Law Diet.; Hynson v. Meuillon, 2 La. Ann. 798; Arnoult v. Deschapelles, 4 La Ann. 41.

See Also

• Abandon, Historical
• Abandon, Historical 2
• Abandonment and Total Loss in Marine Insurance, Historical
• Abandonment of a Mill. See Mills in Law.
• Abandonment of a Mine. See Mines and Mining Claims.
• Abandonment of an Office. See Public Officers.
• Abandonment of Personalty. See Lost Property.
• Abandonment of Bight of Way. See Railroads in Law.
• Abandonment of Stations. See Stations in Law.
• Abandonment of Streets. See Streets in Law.