The Rio Grande
Supreme Court of the United States
Appeal from the Circuit Court for Louisiana; the case being thus: In October, 1866, one Williams, a steamboat captain, purchased in New Orleáns, a steamboat called the Eio Grande, and took her to Mobile, Alabama. He there mortgaged her to Stewart and Eoss; and employed her in running between certain towns at the upper and lower parts of Mobile Bay; he, Williams, and not the mortgagees having possession.
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Appeal from the Circuit Court for Louisiana; the case being thus: In October, 1866, one Williams, a steamboat captain, purchased in New Orleáns, a steamboat called the Eio Grande, and took her to Mobile, Alabama. He there mortgaged her to Stewart and Eoss; and employed her in running between certain towns at the upper and lower parts of Mobile Bay; he, Williams, and not the mortgagees having possession. While she was thus employed, Otis and others, in November, 1867, libelled her in the District Court for Alabama for repairs. The libels alleged that the steamer was owned by persons out of the…
1Opinion of the CourtJustice Hunt
The appellants insist that at the time the libellants took their appeal from the decree of the District Court of Alabama, the vessel proceeded against in rem was not in the actual or constructive possession of the District or Circuit Court, but that she had been previously restored to the claimants by virtue of an order of the District Court, under which the marshal could justify.
But the appeal which was allowed by that court on the 11th of May, operated as a stay of all proceedings upon or under the judgment of dismissal of the libels made on that same day, and but a few minutes before. The…
2Cases cited2 opinions
- The Brig Ann, McLain, MasterSupreme Court of the United States · 1815
- Jennings v. CarsonSupreme Court of the United States · 1807
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- United States v. Four Parcels of Real Property in Greene and Tuscaloosa Counties in the State of AlabamaCourt of Appeals for the Eleventh Circuit · 1991
- Andre Lopez Polanco v. U.S. Drug Enforcement AdministrationCourt of Appeals for the Second Circuit · 1998
- United States v. Contents of Accounts Nos. 3034504504 & 144-07143 at Merrill, Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Third Circuit · 1992
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