When the National Music Museum acquired a Martin D-35 acoustic guitar smashed by Elvis during his final tour in 1977, Return to Sender was probably not the Elvis hit the Museum had in mind. Last month, the Museum filed a declaratory judgment action in South Dakota to obtain a court order establishing that it is the guitar’s rightful owner. According to the Museum, it purchased the guitar from defendant, Larry Johnson in 2013.

The problem for the Museum is that another defendant, Larry Moss, claims that the guitar actually belongs to him. In a separate lawsuit pending in Tennessee, Moss claims that he purchased the guitar from Johnson in 2008, but that Johnson never delivered the guitar to him as required by their contract. Those allegations were made in response to Johnson’s suit against Moss for libel, in which Johnson alleges that Moss made disparaging comments about Johnson’s business, including statements that some of the memorabilia sold by Johnson is fake.

It is clear that someone in this saga disobeyed one of the King’s commandments – Don’t Be Cruel. While the parties litigate the case, the guitar remains at the National Music Museum, and until the court determines whose story is accurate, the Museum will continue to sing It’s Still Here.

Thanks to Michael Gauvin for his contribution to this post.  For more information, please email Dennis Wade at .