Case 47.1 Estray Statute: Willsmore V. Township of Oceola, Michigan

The following is a summary of the Willsmore v. the Township of Oceola, Michigan case. One day while hunting the woods, Duane Willsmore found a suitcase. He reported his finding to the police. Him and the police opened the suitcase and found $383,840. The police took custody of the money and deposited it into an interest bearing account. The Michigan’s Lost Goods Act provides that the finder and the township must share the value if finder published notice and no true claim made within one year. Duane Willsmore published the required notice and sought a judgment determining ownership of the money in his favor. However, Thomas Powell, the landowner where the suitcase was found, had claimed ownership but stated the incorrect amount of money. The trial court awarded the money to Duane Willsmore and the Township of Oceola, Michigan.

Parties

Duane Willsmore is the plaintiff, counter-defendant, appellee and cross-appellant. Duane Willsmore is the finder of the suitcase. The Township of Oceola is the defendant, cross-plaintiff, appellee, and cross-appellee. The Township of Oceola is the claimant under the provisions of Michigan’s Lost Goods Act. Thomas Powell is defendant, counter-plaintiff, appellant, and cross-appellee. Thomas Powell is owner of the land that the suitcase was found on and he is also claiming that he is the "true owner" of the money.

Facts

Here are the facts related to the case prior to the trial. While hunting on an unposted and unoccupied property in the Township of Oceola, Duane Willsmore noticed an area with branches arranged in a crisscross pattern. When he removed the branches and sod, he found a suitcase in a freshly dug hole. Duane called the Michigan State Police about his findings. A state policeman and Duane open the suitcase and found $383,840. The state policeman took custody of the money, which was deposited in an interest-bearing account.

“After the State Police took custody of the suitcase, they told the finder and his wife to keep silent about the money, informed them that their lives might be in danger, suggested that leaving town for a time might be a good idea and even transported them in a state vehicle at speeds reaching up to 100 m.p.h. accompanied by officers armed with rifles. There is no indication on the record that the delay in complying with the provisions of the Lost Goods Act was a willful refusal to comply, or that it caused it to be more difficult for the true owner of the money to be located.” (Database, 1997)

Mr. Willsmore published required notices about his findings, as stated in the Michigan’s Lost Goods Act. Mr. Willsmore brought a declaratory judgment, seeking a determination for the ownership of the money. “The Township of Oceola claimed an interest in the money under the Lost Goods Act. The land contract vendee, Thomas Powell, also intervened, alleging true ownership and