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Author Topic: Help Sandra Ezquerra get this piece of artwork back  (Read 1725 times)

rogue69

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Help Sandra Ezquerra get this piece of artwork back
« on: 27 April, 2022, 03:45:51 PM »
Can anyone help Sandra Ezquerra get this piece of artwork back, as it is the first Judge Dredd story of his
 ever printed in 2000AD it was stolen along time ago but they have found who has this but he is not interested in returning to her even though they have offered him a generous reward for it's return.
If anyone has any ideas or can help Sandra Ezquerra get this back please contact her via Facebook
 

https://www.facebook.com/King.Carlos.Ezquerra

Richmond Clements

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Re: Help Sandra Ezquerra get this piece of artwork back
« Reply #1 on: 27 April, 2022, 03:53:26 PM »
She knows who has it, it's just that the person who has it, who is clearly some kind of horrible twat, will not give it back.

Jim_Campbell

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Re: Help Sandra Ezquerra get this piece of artwork back
« Reply #2 on: 27 April, 2022, 04:29:20 PM »
She knows who has it, it's just that the person who has it, who is clearly some kind of horrible twat, will not give it back.

Worse than that, won't even sell it back having been offered money for something they know they have no legal right to own.
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Richard

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Re: Help Sandra Ezquerra get this piece of artwork back
« Reply #3 on: 27 April, 2022, 04:47:58 PM »
They might have a legal right to own it though. If they didn't know it was stolen, and paid a fair price for it, it is legally theirs (if they bought it in England and Wales anyway).

Morally, they should give or sell it back. But there's no way to make them.

NapalmKev

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Re: Help Sandra Ezquerra get this piece of artwork back
« Reply #4 on: 27 April, 2022, 05:39:19 PM »
They might have a legal right to own it though. If they didn't know it was stolen, and paid a fair price for it,

I don’t see that at all.

As I understand it: The item remains stolen goods regardless of any good faith on the part of any eventual buyer(s). If this were a famous piece of art it would have been seized as soon as the truth became apparent.

I could be wrong and stand ready to be corrected.

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Richard

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Re: Help Sandra Ezquerra get this piece of artwork back
« Reply #5 on: 27 April, 2022, 05:44:06 PM »
It's a rule of equity: a "bona fide purchaser for value without notice" has good title.

Jim_Campbell

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Re: Help Sandra Ezquerra get this piece of artwork back
« Reply #6 on: 27 April, 2022, 06:43:57 PM »
They might have a legal right to own it though. If they didn't know it was stolen, and paid a fair price for it, it is legally theirs (if they bought it in England and Wales anyway).

Obviously not a lawyer, but I'm slightly baffled by this. If you buy a car and the police turn up on your doorstep and tell you it's stolen, I'm slightly dubious that saying "Oh, sorry, officer, I had no idea it was stolen" would elicit a response of "OK, fair enough, you hang onto it, then."*

I mean, I'm fairly sure we have a couple of people on here with actual legal qualifications who can probably set us straight.** The moral position is absolutely clear… I'll be mildly astonished if the legal position turns out to be so completely at odds with the moral one.***


*I know of a couple of occasions (not relating to me — I don't drive) where this has very much not happened.

**With the usual caveats about anything said on here not being actual legal advice, obviously.

***Although, it wouldn't be the first time.
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Funt Solo

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Re: Help Sandra Ezquerra get this piece of artwork back
« Reply #7 on: 27 April, 2022, 07:04:58 PM »
Also not a lawyer, but I'd guess that cars are complicated - in that there are registration issues that would perhaps serve as part of that "didn't know it was stolen" caveat.

Briefly, it would seem that if the current owner were considered legally bona fide, then recompense would need to be sought from the previous seller. You might then find yourself tracking back through several bona fides in order to get to someone who knew they were stealing it - and then you could launch a case against them. None of which would return the property, and it all sounds tricky and expensive.

Relying on comic art buyers being nice people? Oh dear. Minefield.
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robprosser

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Re: Help Sandra Ezquerra get this piece of artwork back
« Reply #8 on: 27 April, 2022, 07:39:26 PM »
They might have a legal right to own it though. If they didn't know it was stolen, and paid a fair price for it, it is legally theirs (if they bought it in England and Wales anyway).

Morally, they should give or sell it back. But there's no way to make them.
I don't know where you've got this idea but it's not true. If the item is stolen legally it belongs to the person it was stolen from. 

Funt Solo

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Re: Help Sandra Ezquerra get this piece of artwork back
« Reply #9 on: 27 April, 2022, 07:59:49 PM »
... stolen legally...

I'm imagining real lawyers face-palming at our antics.
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Colin YNWA

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Re: Help Sandra Ezquerra get this piece of artwork back
« Reply #10 on: 27 April, 2022, 08:01:22 PM »
They might have a legal right to own it though. If they didn't know it was stolen, and paid a fair price for it, it is legally theirs (if they bought it in England and Wales anyway).

Morally, they should give or sell it back. But there's no way to make them.
I don't know where you've got this idea but it's not true. If the item is stolen legally it belongs to the person it was stolen from.

This is horrible for Sandra and the person who owners it, however ignorant they were, has a piece that must bring a little shame to them and they couldn't comfortably show. If you buy something in good faith I would feel pretty sorry for you if you had to turn it over with no recourse, but at the same time a compromise could be sort and that seems to be the case.

I guess the sticking point is who does have ownership? I have no idea where it was stolen from, one could guess (and its just that) that it was taken from IPC offices, in the way a load Bolland art was taken? If so would Sandra have any evidence of theft to reclaim it?

Have no idea and hope this doesn't get as complex as it might and the current 'owner' finds it in themselves to get to a solution.

Colin YNWA

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Re: Help Sandra Ezquerra get this piece of artwork back
« Reply #11 on: 27 April, 2022, 08:03:25 PM »

I guess the sticking point is who does have ownership? I have no idea where it was stolen from, one could guess (and its just that) that it was taken from IPC offices, in the way a load Bolland art was taken? If so would Sandra have any evidence of theft to reclaim it?


Sorry just re-read the Facebook post and it does say stolen from the Carlos Ezquerra collection so sounds like that won't be an issue at least and hopefully makes it a little more clear cut.

Dr Feeley Good

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Re: Help Sandra Ezquerra get this piece of artwork back
« Reply #12 on: 27 April, 2022, 10:04:28 PM »
Would it have to have been reported stolen at the time though...?

The Legendary Shark

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Re: Help Sandra Ezquerra get this piece of artwork back
« Reply #13 on: 27 April, 2022, 11:14:55 PM »

She should perhaps contact the Metropolitan Police and ask for the Art and Antiques Unit.

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Tjm86

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Re: Help Sandra Ezquerra get this piece of artwork back
« Reply #14 on: 28 April, 2022, 06:50:06 AM »
I'll be mildly astonished if the legal position turns out to be so completely at odds with the moral one.***


***Although, it wouldn't be the first time.

I was going to suggest that possibly some of the recent legal 'reforms' introduced by the present government might be considered as strong evidence that this is actually not just vaguely possible.  Glad you added the caveat there.