Eads v. Brazelton
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court in Chancery. Hon. George W. Beazley, Circuit Judge. Appellee acquired no right to the lead by his discovery without possession. 2 Bl. Com. 78, 258, 345; Just. Inst. Lib. 2; tit. 1, sec. 13; Pierson vs. Post, 1 Gaines' Gases, 175; Wallis vs. Mason, 3 Binn. Rep. 546; Bro. Ab. title Property, 37; 7 John. Rep.
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Appeal from Mississippi Circuit Court in Chancery. Hon. George W. Beazley, Circuit Judge. Appellee acquired no right to the lead by his discovery without possession. 2 Bl. Com. 78, 258, 345; Just. Inst. Lib. 2; tit. 1, sec. 13; Pierson vs. Post, 1 Gaines' Gases, 175; Wallis vs. Mason, 3 Binn. Rep. 546; Bro. Ab. title Property, 37; 7 John. Rep. IS; 20 75; Cooper's Just. p. 443, n. 18. As between the parties here, (the defendants making no claim to the property as its owners, but admitting the complete abandonment thereof,) the complainant is entitled to all the rights and remedies of owner, by…
1Opinion of the CourtJustice Fairciuld
When things that become property from being appropriated are the property of nobody, are in a state, of negative community, the first finder may reduce them to possession, which is a good claim, and under the name of title by occupancy is regarded as the foundation of all property. 2 Blk's. Cora. 3, 258; 1 Bouv. Am. L. 194, No. 491; Pothier Droit De Propriete, Nos. 20, 21; La. Civil Code, Art's 3375, 3376.
Hence, wild animals, that are not property in their natural condition, may be captured, will belong to the first taker by occupancy, and will so belong while in the keeping of the taker, or…
2Cases cited2 opinions
- T. & W. Brandon v. Planters & Merchants' Bank of HuntsvilleSupreme Court of Alabama · 1828
- Wallis v. MeaseSupreme Court of Pennsylvania · 1811
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- Foulke v. New York Consolidated RailroadNew York Court of Appeals · 1920
- Treasure Salvors, Inc. v. The Unidentified Wrecked And Abandoned Sailing Vessel, Etc.Court of Appeals for the Fifth Circuit · 1981
- Root v. MacDonaldMassachusetts Supreme Judicial Court · 1927
- Hener v. United StatesDistrict Court, S.D. New York · 1981
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