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by lmm 3877 days ago
Isn't that how it works with non-money property though? Suppose the brothers each inherit a yacht from their uncle, and each steal a yacht, and each host a party at a golf club, giving the owner a yacht in exchange - brother A the one he stole, brother B the one he inherited. The owner of the stolen yachts comes calling. Brother A gets to keep his remaining yacht until the golf club owner (who forfeits the stolen one) wins a civil suit against him. Brother B loses his immediately.
1 comments

There's a substitution rule that's discussed in oral argument, but it's a bit complex.