Bifalgorithm post · Property · Sunken Ships, Baseballs, and Artifacts

Wreck Finding

Wreck Finding (Property · Sunken Ships, Baseballs, and Artifacts) — "From what is before us it may be taken as shown in the case that, in November, 1827, the b…

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  • The case concerns the recovery of abandoned lead from a wreck in the Mississippi River and the resulting court decree.
  • In November 1827, the boat sank in the Mississippi River within Mississippi County.
  • Much of the cargo, including about three thousand pigs of lead, remained in the river and was wholly abandoned by the owners.
  • Brazelton learned the wreck’s location and sought to raise the sunken lead.
  • In December 1854, Brazelton investigated the wreck’s exact location in the riverbed.
  • In January 1855, he arrived with a diving boat and fastened a buoy to a weight resting on the wreck.
  • Brazelton was delayed by other business, dangerous water conditions, and necessary repairs to his boat and raising apparatus.
  • On September 28, 1855, the defendants located the wreck, placed their boat over it, and began raising the lead.
  • The defendants raised lead whose value was determined from the quantity stated in their answer and the evidence.
  • The value of the lead raised by the defendants was found to be $4,507.96.
  • The lower court entered a decree for $4,507.96.
  • The court perpetuated the preliminary injunction that had stopped the defendants’ work on the lead.
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Wreck Finding

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"From what is before us it may be taken as shown in the case that, in November, 1827, the boat named sank in the Mississippi river, within the limits of Mississippi county; that, of her cargo, shot and bundles of bar lead of an unascertained quantity, and lead in pigs to about the number of three thousand, remained in the river, wholly abandoned by the owners; that Brazelton, having information of the place where the boat sank, proceeded, in December, 1854, to ascertain its exact locality in the bed of the river, with the view of raising the sunken lead; that, in January, 1855, he arrived at the vicinity of the wreck, with his diving boat, to carry out his intention, and fastened a buoy to a weight that rested upon the wreck, with the expectation of putting his boat over it the next day, but that he was detained by other business, and by the difficulties and dangers of the work in the existing state of water, with boats like his, and by the necessity for making repairs upon his boat, and apparatus for raising the cargo, till the defendants, upon the 28th of September, 1855, caused one of their boats to stop at the shore near the wreck, to search for and find it, to place their boat over it, and to commence raising the lead. The quantity of lead raised by the defendants was stated in their answer, and applying the price thereto, as shown by the evidence, its value was found to be four thousand, five hundred and seven dollars and ninety-six cents, for which sum the court below gave a decree, perpetuated the preliminary injunction which was granted at the beginning of the suit, and which arrested the defendants in their labor upon the lead."

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