This section contains the nature of the case and procedural background.

Fisher (P) discovered a swarm of bees in a tree on land owned by Steward (D). As was local custom, P marked the tree and notified D. D appropriated the 200lbs. of honey for himself. P sued D in trover for the bees and 200 pounds of honey. At trial, P did not claim any right to D’s land, the tree, or the bees. All P claimed was ownership of the honey from the local custom of discovery.

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