COURT OF APPEALS OF MISSOURI, KANSAS CITY DISTRICT 240 Mo. App. 818 CASE SUMMARY PROCEDURAL POSTURE: Appellant finders challenged the judgment of the Circuit Court of Schuyler County (Missouri), which found in favor of intervenor property owner in the finders' action against respondent excavator in replevin for possession of an ancient Indian canoe found embedded in the owner's property. OVERVIEW: The finders found the canoe embedded in the soil while they were swimming in a river that ran through the property owner's land. The finders showed the canoe to the excavator, who removed it from the soil. On appeal, the court held that the trial court could only have found that the canoe was once the personal property of persons unknown and that it was by the forces of nature embedded in the soil of land of the property owner. The court noted that it was the presumption that property found embedded in the soil belonged to the owner of the property. The court indicated that the property owner claimed not only the surface of her land, but everything within the soil including the canoe that was embedded therein. The court determined that because the canoe was a part of the realty prior to its severance, the life tenant had no right to sever it, and the canoe belonged to the property owner who was the owner of the next vested estate of inheritance. OUTCOME: The court affirmed the judgment in favor of the property owner. Wasn't able to find anything on point in the time I was willing to dedicate, but this is close enough.