Davy Crockett was "king of the wild frontier." The hero of the Alamo served as a Congressman from Tennessee and has been the subject of television shows, movies, books and magazines. He is a true "American Idol."
But, Davy's misfortunes in life were not limited to being in the wrong place at the wrong time." His love life, alas, is worthy of a Lifetime movie. It seems that Davy fell in love with a married woman. That relationship ended because divorce was not an option. Then, Davy fell in love with Margaret. The couple became engaged. In fact, The relationship was so serious that the couple obtained a marriage license from the Jefferson County Clerk. The marriage, however, never took place. Alas, Margaret ran off with someone else. Davy consoled his loss by marrying another Margaret one year later.
Why the history lesson? Davy returned the marriage license -- the one never consummated -- to the Jefferson County Clerk. That license remained in the courthouse until sometime in the 1930s when it was removed. Some 60 years later, the story and the marriage license was featured on an episode of the Antique Roadshow. In response, this litigation ensued.
The present holder contended that her uncle retrieved the license from the trash where it had been deposited during the course of cleaning out of the archives. He then presented the document to her father as a gift. Jefferson County, Tennessee asserted that it had been removed without permission (a/k/a stolen) and remained the property of the County.
This case reveals a number of issues that were not discussed by the Court of Appeals. The holder of the document lived in Florida. Although a motion to dismiss for lack of personal jurisdiction denied by the trial court, this issue was not presented to the court of appeals. Second, the court of appeals' opinion relies upon a statute enacted in 1989. How can one violate a statute in 1938 that was not enacted until 1989?
In fact, the court of appeals' decision reflects a point of common law that is fairly well developed. One cannot gain good title to "stolen" property. In this case, the "stolen" property was the marriage license. So, the case is closed.
MORAL OF THIS STORY: Don't brag on the Antique Roadshow about how your father obtained a historical document unless you have a copy of the receipt.
See Jefferson County, Tennessee v. Margaret V. Smith.
