EADS V. BRAZELTON 22 Ark. 499, 79 Am.Dec 88 (1861) CASE BRIEF

EADS V. BRAZELTON
22 Ark. 499, 79 Am.Dec 88 (1861)
NATURE OF THE CASE: This was an action to establish a right of occupancy. Appealed. Eads (D), salvage company, sought review of a decision, which rendered judgment in favor of Brazelton (P), salvager, in an action by P to enforce a permanent injunction barring Ds from removing bars of lead from a certain sunken riverboat.
FACTS: Brazelton (P), located a steamboat wreck in the Mississippi. Intending to salvage some of its cargo, he brought a diving boat to the site, and attached a buoy to the wreck. He also placed marks on some of the trees on the riverbank to enable him to locate the site. Although P intended to begin diving the wreck other matters caused delays. D stepped in and began salvaging the cargo before P had the chance to do so. P filed an action to establish his claim to the wreck as against D. The lower court found in P's favor, and D appealed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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