Lupton v White: 19 Dec 1808

Whatever alteration of form any property may undergo, the true owner is entitled to seize it in its new shape if he can prove the identity of the original material.


(1808) 15 Ves 442, [1808] EngR 429, (1808) 15 Ves Jun 432, (1808) 33 ER 817




England and Wales

Cited by:

CitedFoskett v McKeown and Others HL 18-May-2000
A property developer using monies which he held on trust to carry out a development instead had mixed those monies with his own in his bank account, and subsequently used those mixed monies to pay premiums on a life assurance policy on his own life, . .
CitedIndian Oil Corporation v Greenstone Shipping SA 1988
A ship had on board some oil of the shipowners and it was mixed with oil, the property of the receivers, and transported to India. The mixture could not be separated for practical purposes and the question was how much of the oil were the receivers . .
Lists of cited by and citing cases may be incomplete.


Updated: 16 May 2022; Ref: scu.220693