Eads v. Brazelton

Nature of the Case

This case involved an action to establish a right of occupancy.

Facts

Brazelton (P) found a steamboat wreck in the Mississippi River. He brought a diving boat to the site and attached a buoy to the wreck, intending to return later to salvage the cargo of lead. He also placed marks on some of the trees on the riverbank to enable him to locate the site.

Eads discovered the wreck and began salvaging the cargo before Brazelton had the chance to do so. Brazelton filed an action to establish his claim to the wreck as against Eads. The lower court found for Brazelton and Eads appealed.

Issue

Has a person who marks the location of a shipwreck with intent to occupy it and salvage its cargo taken possession of the wreck sufficient to claim ownership of it?

Holding and Rule of Law

No. The possession of abandoned property requires the actual taking of the property with the intent to reduce it to possession.

The acts taken by Brazelton in this case were not sufficient to establish possession of the wreck, and that at most, they signaled Brazelton’s intention to take possession in the future. The court finds that the only act which would have been sufficient would have been for Brazelton to place his boat over the wreck, along with a continuing effort to raise the cargo.

Disposition

Reversed.

Notes

To become the owner of abandoned property a party must prove that the property was abandoned and that she has taken possession of it. A party must prove that the former owner intended to abandon the property, but the intent to abandon may be inferred.