Posted By:
Steve MurrayI'm not sure about that. I seem to recall a case here in Illinois where the new owner found a shopping bag full of cash (true)left there by the previous owner and laid claim to it. It was determined, I think, that the cash had been "mislaid" and not "abandoned" so the prior owner recovered the cash.
Now here we get into the issue of what has been "lost" and found; "abandoned" and found; "mislaid"; and "abandoned" but not found. Not my area of expertise.
Max:
For "trover" to apply the cards would have to first be deemed to have been "lost" and then found and then withheld from the true owner.
I still go with Replevin.