In 2004, an unidentified shipwrecked vessel was found off the coast of Alabama. The wreck was discovered by the company Fathom Exploration, L.L.C., who then claimed possession of the ship. The company further intended to salvage what it could from the remains, and hoped to prevent others from salvaging in the same area. The identity of the ship was initially unknown, though it was believed to either be the Amstel, a British vessel, or the Robert H. Dixey, a clipper ship. Because of this, several parties filed claims over the area in question: those who claimed to have a connection to the Dixey, and Fathom Exploration, LLC over the Amstel, leading to the case titled Fathom Exploration, L.L.C.,Plaintiff, v. the Unidentified Shipwrecked Vessel or Vessels that was decided in 2012. The ship was determined not to be the Dixey; therefore, those who had placed claims of ownership under its name did not have a valid platform to argue upon. However, Fathom still could not assure its ownership of the wrecked vessel; based on the Abandoned Shipwreck Act of 1987, if evidence existed that the ship had been abandoned when it sank into submerged waters of the United States, then the United States would hold title to the shipwreck. Ultimately, the decision of the Court stated the “plaintiff [was] ordered to continue diligently performing the archival research and diving activities”(CITE). This particular case provides insight into how to handle situations where the identity of a shipwrecked
Archaeology is a continuously evolving field where there is a constant stream of new branches and excavation methods. Due to the influx of new technologies and innovations in recent decades, archaeologists have been able to excavate previously inaccessible areas. For example, new diving equipment and tools such as proton magnetometers, side-scan sonar, sub-bottom profiler, and miniature submarines have allowed archaeologists to dive into the deep depths of the ocean. As a result, the branch of underwater archaeology was created to search for shipwrecks and other artifacts on the ocean floor. Underwater archaeology’s role has increased in recent years as it allows archaeologists to more accurately interpret the past by supplementing
Facts: Based on the facts presented, the family was vacationing at the Wildhorn Ranch during August of 1986. William and Jared Geringer was involved in a paddle boating accident that the resort offered as an amenity, that resulted in the death of William and Jared Geringer. The facts in the case focused on the duties of the owners, the involvement each defendant had in the operations of the ranch and if their actions resulted in negligence. The courts focused on the maintenance and conditions of paddleboats used at the resort. In this case it was determined that the defendant Les Bretzke was the independent contractor that was responsible for the construction and repairs of items throughout Wildhorn Ranch which included the paddleboats used by William and Jerad Granger.
With due consideration of the facts present we can identify that the key legal issue is accession. This gives us the notion that one [thing] which is united with another [thing] becomes an integral part component of that other [thing]. It presupposes that one object can be regarded as the main object . Under the roman derived maxim ‘Accessorium principali sequitur’ . The allocation of ownership of the sandstone structure, (herein referred to as folly) can be established in cases
In the 19th century there a two floored schooner named La Amistad, which is Spanish for “Friendship”. This schooner was built in the United States of American and was used by Cuba. In July 1839 there was a slave revolt led by captives from Sierra Leone. La Amistad was transporting these people to use as slave labor in Cuba. A man by the name of Cinque creatively used a nail to unlock his chains, and then his fellow captives. They were able to take control of the ship after having to kill the captain and other crew members that wouldn’t submit to their rule. They forcibly ordered the remaining crew to sail them back to Africa. The captives were outsmarted by the captives whom had control over the schooner’s directions. The remaining Spanish crew stir the ship to the coast of Long Island. The Mende people were arrested and imprisoned in Connecticut, were they waited during the court proceedings. Now is when the controversy began. The Spanish and there government ordered the U.S to return the slaves and there schooner as property. At the time in the U.S. slave trade was illegal so the U.S. governemnt refused to send back the Africans because technically there were free and not property. The court case United States v. Amistad in 1941 gained much popularity due to the subject matter of ownership and jurisdiction.
The Plaintiffs, Garetsons, own a well in Haskell County, which they use for irrigation pursuant to a vested water right. The Defendant, American Warrior Inc. (AWI), owns two nearby wells with junior water appropriation rights. Garetsons sued AWI requesting an injunction to prevent AWI from pumping groundwater. The District Court found that AWI’s wells were causing significant impairment and drawdown of the Garetsons’ water rights. As a result, tThe District Court granted an
These markings led to the discovery that the boat was registered to Washington State. After making this point, the Crown continued to mark the path of the vessel, Constable Adams helped to mark a map that shows the boat continued north bound towards Cattle Point. After Corporal Leblanc, Constable Leblanc, and Constable Adams, Constable Miller was next in line to observe the vessel. Constable Miller was the end of the line in regards to the path that the vessel took. Constable Miller's observations are discussed as Exhibit 15 in the case, Miller's position was marked with a yellow dot on the map the jury was surveying. The vessel started in John Wayne Marina, crossed the border, was then seen around Oak Bay Marina, and ended in Cattle Point in Victoria, British Columbia. After discussing the path of the vessel the Crown suggests that the jury can be satisfied that the bag of cocaine seen loaded into the boat in John Wayne Marina is the same bag that came on the vessel through Cattle Point. The next issue the Crown dealt with was the story of the accused, Mr. Uy. The primary concerns regarding Mr. Uy's story were identified by the Crown for the
Specifically, the court relied on Gorte v Dept of Transp, 202 Mich App 161, 164; 507 NW2d 797, 799 (1993). In Gorte, the plaintiff filed a complaint for adverse possession against the state on March 3, 1988 claiming that he held title to land via adverse possession from the state. Id. at 164. MCL 600.5821 was amended to preclude adverse possession claims against the state and became effective on March 1, 1988, prior to the filing of the lawsuit. Id. The trial court held that since 1966, plaintiff and his predecessors had adversely possessed the disputed acreage and that the amendment to MCL 600.5821 did not bar plaintiff’s adverse possession claim because he had a vested property right before March 1, 1988. Id. In affirming the trial court, the Court of Appeals
Plaintiff, Kaycee Land and Livestock, opened a case to hold Defendant, Roger Flahive, personally liable for (contamination) damages after an agreement made by Flahive’s LLC, Flahive Oil & Gas. The District Court of Johnson County presented the case to the Supreme Court of Wyoming to determine if Flahive could be held personally liable. Kaycee Land and Livestock contracted with Flahive Oil & Gas in order to use the surface of the land to raise the Plaintiff’s livestock. Kaycee Land and Livestock claims that Flahive Oil & Gas contaminated the surface area, leaving it useless for Kaycee Land and Livestock’s needs. Flahive Oil & Gas does not have any assets. Therefore, Kaycee Land and Livestock wants to use general corporate veil-piercing principles
Many different machines and technology for gather data has been created over the years, some of which is more advanced then others.
Facts: Plaintiff is claiming title to property via adverse possession because she and her husband resided on said property from 1951-1963. In 1951, plaintiff and her husband acquired ownership of property. In 1955, they borrowed $4,000 from Blue using the property to secure said loan. Blue assigned their interest in the deed over to Moheno. In 1958 the trust deed was foreclosed upon and the property was purchased by Moheno. In 1960, Moheno transferred the property to Berkey, her husband. In 1961, Berkey incurred debt against the property by borrowing $8,000 from Escoto. In 1962, Berkey gave the plaintiff (Harvey) a grant deed to the property as a civil suit settlement. In 1964, the Berkey-Escato trust was foreclosed upon and the defendant (Nurick) purchased it and was given a trustee’s deed. The plaintiff and her husband continually resided on the property, first as owners and
This case shows that Shaffer filed a shareholder’s derivative suit in Delaware state court against Heitner and 28 corporate officers for violating their duties while in Oregon resulting in corporate liability for lots of damages in an antitrust suit, plus a fine in criminal actions. In demand, he filed motion for possession of Delaware property of the defendants. Heither didn’t sign residency in Delaware and owned one share of Greyhound stock. Heither filed for motion legal possession of Greyhound’s stock owned by 21 of the corporate officers in order to keep quasi-in-rem jurisdiction. Delaware’s statute allowed assets in the state to be seized by the court to keep personal ownership. Shaffer challenged the court’s jurisdiction on obtaining
Facts: Parties: Mitchell (M), Neff (N), Pennoyer (P). Land was sold at an auction to allow M to collect on a judgment he won by default. The judgment arose because N did not pay attorney fees owed to M. M won by default because N did not appear in court. However, M, who lived in Oregon, published notice of the matter in an Oregon newspaper, not in California. N lived in California. The Oregon court placed the judgment against land N owned in Oregon, which was sold to a buyer called P. M was paid from the sale of the property, but years later N sued the buyer to get his land back.
COMES NOW Atlantic Container Line AB (“Atlantic”) and the Grimaldi Group (“Grimaldi”) (collectively, the “Interpleaders”), by and through Robert P. O’Brien, Esquire, Bryant S. Green, Esquire, and Niles, Barton & Wilmer, LLP, and hereby files this Response to Interpleader Defendant Miami Capital Group Corp’s (“Miami Capital’s”) Motion for Dismissal of the Interpleader Complaint, and in support thereof, states as
What's The importance of overcoming adversity? why should you try? Read this and you will change your mind on the way you see yourself or think of yourself.
McClain, P. J. A., Sheehan, B. F., & Butler, L. L. (1998). Substantive rights retained by