This lesson is designed to challenge students about the common logical rule of force: possession is nine tenths of the law. Designed for secondary and post-secondary team work settings; students will be drawn into a guided controversial discussion. This lesson can be used in art classes, ethic classes and history classes.

1. Margo Dupre, M.Ed.
Creator of Lesson: Teaching Character in the Art Curriculum
Is possession of goods
really 9/10ths of the law?

2. Teacher Note Page
Teacher Note: The main focus of this lesson is: Getting students to understand that mere
possession does not allow you to keep property.
Controversial Issue: A stolen art master piece: Renoir resurfaces after 61 years
Character Values to be taught : Respect for Ownership of Property, honesty and integrity
Character Value Curriculum: Art History
Student Ethical Reflection: Doing the right thing by returning something that you know is not yours
even if you have possession of it.
Explain the statement below to your students:
The saying “possession is nine points of the law” is an old common law precept that means one who has
physical control or possession over the property is clearly at an advantage or is in a better possession than a
person who has no possession over the property.

3. Teacher Reference Note Page
USA Legal.com provides the following understanding: “Possession means holding property in one’s power or
the exercise of dominion over property. By having possession one exercises control over something to the
exclusion of all others.
The saying “possession is nine points of the law” is an old common law precept that means one who has
physical control or possession over the property is clearly at an advantage or is in a better possession than a
person who has no possession over the property.
Even if a person is the rightful owner of the property but has no possession over it, the person who is in
possession will be in a better position should the property ever be subject to challenge. This is especially true
with adverse possession. However mere possession alone does not grant the possessor rights in the
property superior to those of the actual owner. This adage “possession is nine tenths of the law” is not a law
but a logical rule of force that has been recognized across ages.
In re Garza, 984 S.W.2d 344, 347 (Tex. App. 1998), Texas court has held that “Despite the old saying that
"possession is 9/10ths of the law," mere possession and whatever right to the property that comes with
mere possession does not grant the possessor rights in the property superior to those of the actual owner. J.
CRIBBET, PRINCIPLES OF THE LAW OF PROPERTY 12-13 (1962); R. BOYER, SURVEY OF THE LAW OF PROPERTY
679-80 (1981). In other words, there is a hierarchy of ownership, as reflected both in the common law and §
1.07(35)(a) of the Penal Code. One in possession of chattel has a greater right to it than one who lacks both
possession and title. Yet, one who has title maintains a greater right over the chattel than 1) one who simply
has possession and 2) one who has neither possession nor claim of ownership. Id. Indeed, it can be said that
the title owner has the greatest rights to the property. With that greatest right comes the power to negate
the authority of those with lesser right. Similarly, those who stand in the lesser position lack the power to
override or negate the rights of the title owner.”

4. Teacher Note Page
Structured Academic Controversy
This material can be read aloud to assure that all
information is introduced by teacher led or student reader
participants. Individual copies can be distributed for read
along.
While reading together, show Image # 1
Pierre Auguste-Renoir “On the Shore of the Seine” art
work. Image has been enlarged on another slide for
student viewing.
Tell the students this is evidence for them to view.
Continue reading aloud with students.
As you read together the news of the police report, show
Image # 2 to the students.
Image has been enlarged on another slide for student
viewing. Tell the students this is evidence for them to
view.
Continue reading aloud. You may or may not tell the
students the result of the legal judgment until after they
have decided or prior to their decision.
To encourage students collaboration, after read aloud,
leave one copy for small groups to use as a working copy.
Socratic questions will guide the students through the
controversial discussion and allow them to draw their
own conclusion regarding the outcome of the case.
Pierre Auguste-Renoir “On the Shore of the Seine”
IMAGE # 1
Baltimore Police Report
IMAGE # 2

5. Image retrieved May 6, 2014 from: http://en.wikipedia.org/wiki/On_the_Shore_of_the_Seine. Pierre-Auguste Renoir's
'Paysage Bords de Seine', The Potomack Company auction gallery in Alexandria, VA.jpg
Stolen in 1951 from the Baltimore Museum of Art and resurfaced in 2012.
IMAGE # 1

6. Ethical Discussion Reading Material
Trace the journey of the Pierre-Auguste Renoir masterpiece mystery “On the Shore of Seine” disappearance and resurface 61 years later
It's been a long journey home for one small painting. After
disappearing in the night over 60 years ago, the whereabouts of
a Pierre-Auguste Renoir painting has been a mystery for the
Baltimore Museum of Art.
The napkin-sized painting, entitled On the Shore of the Seine,
has recently made headlines again after surfacing at a flea
market, where a Virginia woman claims she bought it for $7.
The Baltimore Museum of Art claims the painting was stolen in
1951 and opened a court case to win it back.
As evidence, the museum provided a 60-year-old police report,
old museum catalogues and a receipt showing that a patron
bequeathed the painting to the museum.
In her own court filings, Martha Fuqua contested the museum's
claim, saying she purchased the painting at a flea market in
2009. The legal dispute began last September when the
painting was expected to command at least $75,000 in a
scheduled auction at the Alexandria, Va.-based Potomack
Company auction house.
Teacher Guided Socratic Questions
Why did Martha claim she bought
the painting for $7.00 at a flea
market?
Why did Martha take the painting to
an auction house?
Why did a legal dispute begin once
the painting was expected to sell for
$75,000 dollars?
Would a legal dispute happened if
the painting was expected to only get
$200.00 dollars?

7. Photo Retrieved May 6, 2014 from
https://images.search.yahoo.com/search/images;_ylt=A0SO80q1bWlTmSgA5bpXNyoA;_ylu=X3oDMTB0YnFsaDgwBHNlYwNzYwRjb2xvA2dxMQ
R2dGlkA1ZJUDIyNl8x?_adv_prop=image&fr=yfp-t-300-s&va=on+the+shore+of+the+seine
IMAGE # 2
The 1951 police report filed by the Baltimore Museum of Art

8. Just before the auction, a reporter for The
Washington Post uncovered documents from the
Baltimore Museum of Art showing that the painting
was stolen from the museum in 1951.
The auction was canceled as a result and the FBI
seized the painting and opened an investigation into
the theft.
Fuqua's brother and former family friends have told
The Washington Post the painting had been at
Fuqua's mother's home prior to when she claims to
have purchased it at a West Virginia flea market.
When Fuqua's find was announced, media coverage
said the records showed the painting was last
purchased by an international lawyer in Paris in
1926.
The documents discovered by the Washington Post
reporter indicated that the painting belonged to
Saidie May, a well-known art collector and major
benefactor to the (BMA) Baltimore Museum of Art .
The artwork was reported stolen on Nov. 17, 1951,
according to the documents, shortly after May's
death.
Teacher Guided Socratic Questions
Why did a reporter investigate the painting?
Why was the auction cancelled?
Why did Martha’s brother tell the reporter
that the painting was in his mother’s home
before the time that Martha says she bought
it?
Why do you think the painting was in
Martha’s mother’s house?
Would it had made a difference if Martha
had said the painting was in her mother’s
house instead of saying she bought it at a
flea market?
What moral issues are involved with
Martha’s story?

9. The painting does not appear on a
worldwide registry of stolen art,
however, and the painting had not yet
been formally accepted into the
museum's collection before it was taken,
which is why museum officials did not
recognize the loss.
Now, after a judge in the U.S. Eastern
District Court in Alexandria ruled that the
painting be returned, the Renoir is
officially back on display at the Baltimore
Museum of Art, more than 62 years after
it was stolen from the building. "It's a
moment we've been looking forward to,"
BMA Director Doreen Bolger told The
Washington Post.
Renoir was a leading painter of the
Impressionist period. Over his career he
created thousands of paintings, a few of
which have fetched tens of millions of
dollars at auction in recent years. He
died in 1919 at the age of 78.
Teacher Guided Socratic Questions
Would the painting been found sooner if the museum had
posted it into their collection before it was taken?
How could officials not know it was loss, if someone made a
police report?
Why do you think the painting was taken from the museum?
Who do you think could have taken the painting?
Why did the judge rule to give the painting to the museum?
Would the Judge have given Martha the painting if it were
not very valuable?
Which is more important to the Judge: the value of the
painting or that the painting did not belong to Martha?
Which was more important to Martha: the value of the
painting or that she wanted to keep it because it belonged to
her mother?
Which was more important to Martha’s brother: that the
painting belonged to his mother or that Martha had it?

10. Rules for Controversial Discussion
I am critical of the ideas, not my classmates
I will focus on making good decisions, not on winning
I want to let everyone participate and allow them to learn about the subject
We will listen to each other’s ideas, even if they are different from our own
In order to make sure I understand, I will restate if it is not clear to me
I will try to understand both sides of this issue
It is okay to change my mind, if the evidence proves I should do so
Lickona (1992) from Johnsons p 284
Teacher Note: Preparing students

11. The one who has physical control or
possession over the property is clearly
at an advantage or is in a better
possession than a person who has no
possession over the property.
Possession alone does not grant the
possessor rights in the property
superior to those of the actual
owner.
Advocacy Group
Position 1
Advocacy Group
Position 2
Student Small Group Positions
Teacher Note: Tell students that each group will need to learn their positions so well that they should
believe that they can convince the other group to change their minds. Each group will be encouraged
to present their positions in respectful advocating and rebuttal practices.
Advocate stage 1: Groups purpose is to try to reach best decision about the common logical rule of
force: possession is nine tenths of the law.
Advocate stage 2: Groups switch positions and argue for the position it originally opposed.
Final Stage: Whole group consensus – members review all data i.e. best info and reasoning from both
arguments and come to a consensus solution. Write and submit a report with their findings.

12. Citations and References
ABC News. (Fri, Mar 28, 2014 11:49 AM EDT). Stolen Renoir Returned to Baltimore Museum 60 Years Later [ Web log post].
Retrieved from ABCnews blog on Saturday, April 26, 2014 http://gma.yahoo.com/blogs/abc-blogs/stolen-renoir-
returned-baltimore-museum-60-years-later-154920494--abc-news-topstories.html
Lickona, T. (1991). Educating For Character. New York, NY
Bantram Books
[Photo of Baltimore Museum of Art police report for stolen Renoir]. Retrieved May 6, 2014 from
https://images.search.yahoo.com/search/images;_ylt=A0SO80q1bWlTmSgA5bpXNyoA;_ylu=X3oDMTB0YnFsaDgwB
HNlYwNzYwRjb2xvA2dxMQR2dGlkA1ZJUDIyNl8x?_adv_prop=image&fr=yfp-t-300-
s&va=on+the+shore+of+the+seine
[Photograph of Renoir Art image] Retrieved May 6, 2014 from: http://en.wikipedia.org/wiki/On_the_Shore_of_the_Seine.Pierre-
Auguste Renoir's 'Paysage Bords de Seine', The Potomack Company auction gallery in Alexandria, VA.jpg
USA Legal.com http://definitions.uslegal.com/Legal Definitions & Legal Terms Defined. Retrieved May 6, 2014 from Possession is
Nine Points of the Law & Legal Definitionhttp://definitions.uslegal.com/p/possession-is-nine-points-of-the-law/

13. Final Project Summary
The core personal values that make me who I am are: honest, dependable, committed, loyal, supportive, willing to work,
responsible, a person of integrity and respectful of authority. The moral awareness that I bring into the classroom is that I am always
aware of the trust that both the administration and parents place in my hands while with their children. I always reflect on what I would
want a teacher to do for my child in every instance. In other words, while I am caring for someone’s child, there is someone caring for
mine. I believe that this is recognized by my students and it allows them to seek my advice about various issues that they are bothered by
and contemplating being involved with in and outside of school. In my mind, I think as if there is an exchange going on among teachers. I
have theirs for so many hours and they have mine. So we are dependent upon one another to do our best in guiding, teaching and caring.
As a future educational leader, I will continue to do my best to be always aware of the moral image expected of me and
fulfill self-expectation of being an educational leader worthy of following by students and trainees, share my academic knowledge,
provide emotional support and respect for the personal challenges that surface for students during the learning process and be open to
learning from others at all stages of life. An educational leader is always a learner which enriches his/her ability to continue to improve
personal leadership skills.
My personal challenge is to redesign all of my art historical lessons and artist featured lessons so that they each are
purposefully created with the focus being on character values awareness for my students. In the area of moral leadership, I would like to
explore opportunities to mentor through teaching, training and encouraging the development of moral awareness among young pre-
professional and professional adults in the academic world, volunteer service and workplace supporting areas of self-discipline, keeping
commitments, willingness to work, delayed gratification and perseverance .