Baldwin v. Black

I dissent from the judgment in this case. The defendant, Black, is treated in all respects'as if he had lawful possession and use of the steam-tug in question; whereas, in my judgment, his possession and use were entirely without law or *649right. He could have no better right than his principals, Neafie & Levy, and they had no right, pending the suit, but that of holding the tug in their possession as. a pledge for the payment of their debt. They had a mortgage upon it, and brought a suit to recover the debt due, and, under Article 275 of the Code of Practice, they sued out a sequestration of…