Comments on: The Government’s Gold Coin Grab http://www.enlightenedredneck.com/2009/09/18/the-governments-gold-coin-grab/ West Virginian By Birth, Redneck By Choice Wed, 08 Feb 2012 20:09:03 +0000 http://wordpress.org/?v=2.6.5 By: John C. Randolph http://www.enlightenedredneck.com/2009/09/18/the-governments-gold-coin-grab/#comment-2687 John C. Randolph Sun, 20 Sep 2009 11:35:35 +0000 http://www.enlightenedredneck.com/?p=1969#comment-2687 The government has the burden of proof, and they'll have a hell of a time getting a conviction against a deceased defendant, when all the possible witnesses are probably already dead as well. -jcr The government has the burden of proof, and they’ll have a hell of a time getting a conviction against a deceased defendant, when all the possible witnesses are probably already dead as well.

-jcr

]]> By: EvilDave http://www.enlightenedredneck.com/2009/09/18/the-governments-gold-coin-grab/#comment-2680 EvilDave Sun, 20 Sep 2009 02:41:32 +0000 http://www.enlightenedredneck.com/?p=1969#comment-2680 <i>”Maybe they were stolen in the 1930s,” a leading numismatist told The New York Times, “but they certainly weren’t stolen by the people who are holding them now.”</i> Unfortunately, Property Law 101 says "A theft can pass no title". So, if they were stolen they still belong to the government (assuming the Gov' is their rightful owner). Also, it doesn't sound like the coins were adversely possessed (under the definition of the law) as it doesn't sound like possession was "open and notorious". All that said, I hope they win. ”Maybe they were stolen in the 1930s,” a leading numismatist told The New York Times, “but they certainly weren’t stolen by the people who are holding them now.”
Unfortunately, Property Law 101 says “A theft can pass no title”. So, if they were stolen they still belong to the government (assuming the Gov’ is their rightful owner).
Also, it doesn’t sound like the coins were adversely possessed (under the definition of the law) as it doesn’t sound like possession was “open and notorious”.

All that said, I hope they win.

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