Ward v. Peck
Supreme Court of the United States
This was an appeal from the circuit court of the United States for the eastern district of Louisiana. The circumstances of the case are stated in the opinion of the court. ' x- Mr. Stanton contended that the offer to abandon did.not constitute a ratification of the sale by the master, and cited Phillips on Ins. § 1576; Abbott on Shipping, 19; 18 Pickering, 83; Phillips on Ins. § 1497; 2 Peck, 249 ; 5 Pet. 604; 15 Mass. 341; 9 Johns. 21; 1 Caines, 573; 18 Peck, 83.
1Opinion of the CourtJustice Grier
The pleadings in this case present but the single question of the title or ownership of the. Bark Mopang.
Originally, the court of admiralty in England entertained jmisdiction of petitory as well ■ as mere possessory actions. Since the Restoration, that court, through the jealous interference of courts of law, had ceased to pronounce directly on questions of ownership or property. Petitory suits were silently abandoned, and, if in a possessory action a .question of mere property arose, especially of a more complicated nature, it declined to interfere.
This “ submission to authority rather than…
2Cases cited3 opinions
- The New England Insurance Company v. the Sarah AnnSupreme Court of the United States · 1839
- The TiltonU.S. Circuit Court for the District of Massachusetts · 1830
- Smallwood v. PrattSupreme Court of Louisiana · 1842
3Cited by17 opinions
- Mullane v. ChambersCourt of Appeals for the First Circuit · 2003
- Korthinos v. the NiarchosCourt of Appeals for the Fourth Circuit · 1949
- Gallagher v. Unenrolled Motor Vessel River QueenCourt of Appeals for the Fifth Circuit · 1973
- Hideo Matsuda v. Michiko WadaDistrict Court, D. Hawaii · 2000
- Hunt v. a Cargo of Petroleum Products Laden on Steam Tanker HildaDistrict Court, E.D. Pennsylvania · 1974
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