November 1827--the steam boat America sank in the Mississippi River. The owners of its cargo of valuable lead "wholly abandoned" the property. (p. 109)
January 1855--Plaintiff Brazelton "arrived at the vicinity of the wreck" and fastened a buoy to mark the spot "with the expectation" of returning to salvage the cargo the next day. But "he was detained by other business." [Side Bar: 1L:"I meant to study for my Contracts exam, Professor Schutz, but I was detained by other business." Schutz: "Too bad, bud. Good luck in Dental School."]
September 1855--Defendants, Eads & Nelson, placed their boat over the wreck and commenced to raising the lead.
Before thinking about what the Court held, what does your common sense tell you about who is the first possessor, Lazy Brazelton or Energetic Eads?
What is possession? What are its elements?
P. 110: “The occupation or possession of property lost, abandoned or without an owner must depend upon [1] an actual taking of the property with [2] the intent to reduce it to possession.”
Which of those two elements did Brazelton lack?
Now consider this statement from Carol Rose's article on Possession as the Root of Title:
"The first [person] to say, 'This is mine,' in a way that the public understands, gets the prize, and the law will help him keep it against someone else who says, 'No it is mine.'"
Apply this maxim to Eads v. Brazelton.
