Eads v. Brazelton

22 Ark. 499 (1861)

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Eads v. Brazelton

Supreme Court of Arkansas
22 Ark. 499 (1861)

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Facts

Brazelton (plaintiff) identified the location of a sunken steam ship carrying a cargo of lead. He marked the location with a buoy and directional markers on nearby trees. Eads (defendant) was a partner in a salvage firm that also discovered the wreck and laid claim to it after the time that Brazelton had placed his location markers, but before Brazelton was able to anchor a boat and begin efforts to recover the cargo. Brazelton petitioned the circuit court for an injunction prohibiting Eads and company from interfering with his possession of the wreck and seeking damages. The circuit court ruled in Brazelton’s favor. Eads appealed.

Rule of Law

Issue

Holding and Reasoning (Fairchild, J.)

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