Salvation Army Painting Analysis

Billie Taylor died and her estate was passed on to her sole heir Claude Abel. Abel, his wife, and a local moving company boxed up items from Taylor’s house that were to either be sent back to Idaho where Abel and his wife live or to be donated to the Salvation Army. Included in the belonging that were to be sent back to Idaho was an original painting depicting a Native American on a white horse in typical old west scene by Bill Gollings that was gifted to Taylor. Due to the fact that Abel was trying to leave the house as quickly as possible and trying to make sure everything went to its rightful place confusion arose. Because of this confusion the box containing the painting was accidentally picked up with the donated items that were being sent to the Salvation Army without anyone knowing.
Rick Kenyon went to the Salvation Army one day and purchased a painting by Bill Gollings for twenty-five dollars. The painting was valued between eight thousand and fifteen thousand dollars. After returning to his home in Idaho he discovered that the painting didn’t come with he and his wife to Idaho. Abel
Kenyon claims he purchased the painting in good faith. While Kenyon did legally purchase the painting from the Salvation Army, he is not the rightful owner. According to the text the painting is lost. Lost property is when the owner of the property “unintentionally parted with the possession,” because he had not intentionally left it behind Abel still owns the painting. While Kenyon did technically “find” the painting the rights of finders are “superior o everyone except the owner.” Also according to the text because Abel is the original owner he has the right to “retain ownership” and “has the right to the return of the property.” So therefore the painting should be returned to Abel and the Salvation Army should refund Kenyon the twenty-five dollars he spent on the