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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