Watch the full video at https://rumble.com/vfmqk7-a-video-explaining-the-equitable-remedy-of-salvage.html and at https://youtu.be/9HwucSSYDYs  A case involved a dispute between three groups of divers over the right to save silver from the cargo of a sinking ship and over the title to any silver. In resolving the problem, the court considered the common law on finds that treat property that is abandoned as returned to the state of nature and thus equivalent to property, such as fish or sea plants, without previous owners.
The first person to reduce such property to "possession", whether real or constructive, becomes its owner. [RBrown The Personal Property Act 15 (2nd edition 1955) as quoted in Hener v. USA 525 F. Supp. 350 (S.D.N.Y. 10/15/1981).] A "seeker" has no rights to abandoned property even if he manages to find it; in particular, he has no right to exclude others from trying to regain it. Every competing applicant has the right to enter the area where the abandoned property is and to try to reduce it to his or her possession, as long as he or she acts without violating the simultaneous rights of other applicants.
Opinion in Eads v. Brazelton 22 Ark. 499 (1861) describes the discovery law. It refers to, and relies on, a wide range of authorities for its conclusions, and its premise that a finding requires both intent and some form of possession remains correct. In Eads for example, Brazelton had placed his boat over the wreck with means to raise its valuables and had he consisted of "efforts to raise the lead", his behavior would have constituted "the only effective guard over it. "And thus a legally recognizable warning that other 'longing occupiers' would have had to heed.
© 2021 – Barry Zalma
Barry Zalma, Esq., CFE, now limits his practice to employment as an insurance consultant who is Specializing in insurance coverage, insurance claims handling, infidelity and insurance fraud almost
equally for insurers and policyholders, he also serves as an arbitrator or mediator for insurance-related disputes. than 52 years in the insurance industry.He can be found at http://www.zalma.com and firstname.lastname@example.org
Mr Zalma is the first recipient of the first annual Claims Magazine / ACE Legend Award.
For the past 53 years, Barry Zalma has devoted his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to enable insurers and their claims staff to become professionals in insurance claims.
Go to the podcast Zalma On Insurance at https://anchor.fm/barry-zalma; Follow Zalma on Twitter at https://twitter.com/bzalma ; Go to Barry Zalma videos on Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the library for insurance claims – https://zalma.com/blog/insurance-claims-  bibliotek / Read posts from Barry Zalma at https://parler.com/profile / Hymn / post; and the last two issues of ZIFL at https://zalma.com/zalmas-insurance-fraud-letter-2/Like this: