BIGSCOTT
Hero Member
My solve was Gallatin Petrified Forest area
Lets here it, and maybe some pictures f if ya got em
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My solve was Gallatin Petrified Forest area
Did anyone catch this in the preface of his book "All of the stories that mingle among these pages are as true to history as one man can average out the truth, considering the fact that one of my natural instincts is to embellish just a little. Nevertheless, the story about my treasure chest is true"("True", but embellished)
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I don’t think I’ve ever heard of the word “bloviating” yet you used it twice in one post. Had to google it to see what it means.
Sadly I doubt that there are any emeralds among the “treasure”. In all the pictures of the treasure so far I’ve yet to see any precious gemstones. Given that Fenn himself admitted to a tendency to “embellish” his stories, it’s clear that we shouldn’t take anything he says at face value.Based on what has been said about the treasure, I think the full inventory includes emeralds and other precious stones besides the gold nuggets, coins and disks...also the 2 antique Chinese figurines made of Jade and the pre Columbia artifacts might weigh in...
TT
The treasure looks pretty meager to me. Some common date US gold coins, a pile of nuggets, and some gold trinkets? There's no way that you have a million dollars there. Maybe a couple hundred thousand at most, and very likely less. The treasure was likely real but the value of its contents were definitely over exaggerated.
2. Paragraph 15 i find particularly interesting not for what is stated, but rather what isn't said. In law, we look as much to what is testified to as to what isn't said (lies of omission, or opportunities to clarify pressing questions or clarify the record that are omitted). In para 15, Fenn testifies, "In early June of 2020, I personally verified that the chest was found by a searcher, who has requested to remain anonymous". "Found by a searcher". He doesn't deny that he didn't tell the searcher where to look. He doesn't deny that he knew the searcher prior to the searcher finding it. Given he's making a sworn statement, and knowing the amount of scrutiny he is facing, a definitive statement denying that he knew the searcher or directed the searcher to the treasure is notably absent in his sworn testimony. That way, if deposed, he doesn't have to commit perjury.
Good points you bring up. Generally, a contract involves the exchange of goods, services or money. If Fenn had any close friends or family, he could have had them retrieve the chest without any form of payment being given in exchange for them retrieving it, thus no real contract. For the sake of argument, it could have been sitting safely in his own back yard and he asked his friend to go bring it in the house.
What i have trouble wrapping my head around is, given the scrutiny surrounding this find, and given the opportunity, under oath, to make a definitive statement that he didn't know the finder previously or didn't direct anyone to recover it, is absent.
Regardless, on it's face, i suspect this lawsuit won't proceed to the discovery stage so we'll never get to see Fenn deposed. If it does, once Fenn is put under oath, he'll be asked a barrage of questions regarding the treasure and it's finding, including the "anonymous" finders identify, which he will have to answer, he can't just defer to "the finder wants to remain anonymous".
Edit: I read the complaint. It's just a pro se litigant with dubious claims in my opinion. I suspect this case is dead on arrival, so we may never get to the discovery phase.
We will have to agree to disagree.
1 The law of obligation applies in so far as we have an obligation to fulfill a contract we enter into, but in my example there is no contract. The law and courts do not generally consider asking a favor a contract whereas failure to perform it would constitute a breech and damages being owed. For example, if i ask my friend or daughter a favor to swing by and pick up my car at the repair shop (or in the instant case, Fenn asks his friend or son to go pick up the bronze chest wherever he hid it) and they say ok, but for whatever reason don't (they forget, or change their mind, or are late to work etc), i have no recourse as favors aren't generally considered contracts.
2. True, Fenn's declaration isn't trying the entire case. But a Declaration is your first response that lays out facts pertinent to the case and upon which he may base a motion to dismiss. And in the instant case, it seems very pertinent to let the court know that the alleged "searcher" who recovered it, wasn't known to you before hand, as it would severely negate any potential claims that petitioner, Mr Erskine, found the treasure when someone else, previously unknown to you, is in possession of it.
Leaving that in doubt to the court and opposing counsel is just question begging and ripe for the next accusation that will be incoming, "you just had the treasure retrieved yourself". Best to cut that off right at the head. If i noticed that omission, surely opposing counsel will (well, maybe not, he is pro se and i don't know his legal background).
3. I don't see any legal ramifications to having had someone retrieve the treasure. Fenn put it out there, Fenn could ostensibly retrieve it. A court may even look favorably upon it, as ending the search could save lives. The only damage could be to his reputation, hence why there could be a motive to have someone retrieve the treasure and end the search claiming it was "found", thus to preserve your reputation.
Fenn has put is name on sworn documents that the treasure existed, he hid it and it was there for 10 years before it was recovered. He wouldn't have done that if by doing so he risked spending the rest of his life in prison, separated from his wife, home and all he currently enjoys.
this is some crazy stuff, ive read 3 times, i get Hanson was trying to
get $$ for autistic kids (shame on him!). but im not understanding how
Erskine can intervene, heavy reads @ links, there prob is more out there
im not hunting it,JMO i think Fenn will win the cases,as the Plaintiffs
claims seem bogus, just looking for $$
Hanson v. Fenn, Dist. Court, D. New Mexico 2019
December 3, 2019.
https://scholar.google.com/scholar_...3&q=hanson+v.+fenn&hl=en&as_sdt=6,36&as_vis=1
Hanson v. Fenn, Dist. Court, D. New Mexico 2019
December 17, 2019.
https://scholar.google.com/scholar_...2&q=hanson+v.+fenn&hl=en&as_sdt=6,36&as_vis=1
Hanson v. Fenn, Dist. Court, D. New Mexico 2020
June 10, 2020.
https://scholar.google.com/scholar_...1&q=hanson+v.+fenn&hl=en&as_sdt=6,36&as_vis=1
Hanson v. Fenn
Plaintiff: * David Harold Hanson
Defendant: Forrest Fenn
Intervenor: Brian Erskine
Case Number: 1:2019cv01124
Filed: * December 2, 2019
Court: US District Court for the District of New Mexico
Office: Albuquerque Office
https://dockets.justia.com/docket/new-mexico/nmdce/1:2019cv01124/438581
more on Hanson V Fenn & Erskine moved to intervene
https://www.casemine.com/judgement/us/5ee890624653d025cfc5d816
Erskine v. Fenn, scroll down to the pdfs
https://www.courtlistener.com/docket/17201120/erskine-v-fenn/
and another lawsuit from a Barb Anderson, v Fenn & UNKNOWN DEFENDANT
https://drive.google.com/file/d/1Ec08HWFofknQ2YgPI0K6i1JGag-kAk8o/view
https://www.chicagotribune.com/nati...0200608-xltbeao5zvbkjiby732x73fhxe-story.html
I agree, most of these cases are demanding compensation for claiming to have solved the puzzle, yet, the only way to reasonably verify you solved it is to have recovered the treasure, which none of them have.