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This section contains the nature of the case and procedural background.

Brazelton (P), located a steamboat wreck in the Mississippi. Intending to salvage some of its cargo, he brought a diving boat to the site and attached a buoy to the wreck. He also placed marks on some of the trees on the riverbank to enable him to locate the site. Although P intended to begin diving the wreck other matters caused delays. D stepped in and began salvaging the cargo before P had the chance to do so. P filed an action to establish his claim to the wreck as against D. The lower court found in P's favor, and D appealed.

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