Eads v. Brazelton
Supreme Court of Arkansas
22 Ark. 499 (1861)
Relevant factsFree
Brazelton (plaintiff) located a sunken ship carrying lead cargo and marked its location with a buoy and trail markers, but before he could anchor a boat and begin recovery, Eads (defendant), a salvage-firm partner, discovered the same wreck and claimed it first. Brazelton sought an injunction and damages, and the circuit court ruled in his favor; Eads appealed.
IssueFree
Whether a valid claim to ownership of abandoned property requires an act amounting to the taking of actual physical possession.