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A Reprise Of The Case Of Eads V. Brazleton, Barlow Burke

Articles in Law Reviews & Other Academic Journals

For many first-year law students, the course in real property begins with the case of Eads v. Brazelton. The choice is well-considered, because the case allows the teacher to delve simultaneously into the laws of prior possession and finder's rights. Eads is a Mid-South version of Pierson v. Post, but thesuit is less shallow and the facts more appealing; something of value, other than a hunter's wounded pride, is at stake. Although decided in 1861, Eads continues to serve as authority for clearing title by abandonment. Additionally, the case enjoys renewed application for its rule of capture. Modern salvage cases …