Toby and Rita Kahr were owners of 28 pieces of sterling silver that Rita's father had given them as a wedding present 27 years previously. Each piece of silver was engraved with the letter "K.". On April 5, 1983, the Kahrs brought used clothing to Goodwill Industries and told Goodwill personnel that they wanted to make a donation of clothing. Unknown to Toby and Rita, the sterling silver, along
with a wallet containing their credit cards, were included in their sacks. The Kahrs called Goodwill two hours later, when they realized what happened, and were told that the silver had been sold for $15 to Karen Markland. The Kahrs alleged that the silver had a value of $3,791 . The Kahrs brought a replevin action against Goodwill and Markland to recover the silver.
a. As the property can be considered abandoned, both title and possessory rights vested in Goodwill.
b. As the property can be considered lost, both title and possessory rights vested in Markland.
c. As the property can be considered misplaced, title vested in Goodwill while the right to possess vested in Markland.
d. None of the above is correct. No gift of the silver was made to Goodwill as there was no donative intent, and as misplaced property, title remains with the Kahrs.
D
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