Sinking to salvage equipment and personal possessions

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On May 29, Cappy took his boat out on Blue Lake for a day of fishing and relaxation. At about 2:00 p.m., a violent storm blew in, and Cappy’s boat overturned and sunk. Cappy survived, and planned to return to the site of the sinking to salvage equipment and personal possessions that were in the boat. However, before Cappy could do so, Thomas, an amateur diver, discovered the wreck and stripped it clean of all useful or valuable items. Cappy learned of Thomas’ recovery of this property and filed a lawsuit against him. In the suit, Cappy claimed that Thomas wrongfully took possession of his property without his knowledge or consent. Thomas responded that since the sunken boat was abandoned, he now has good title and full ownership of everything that he recovered from the wreck. How is the court likely to rule, and why? ?Discuss in detail and explain your answer in depth.

Reference no: EM131149372

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