Taylor v. The Royal Saxon
U.S. Circuit Court for the District of Eastern Pennsylvania
“The Royal Saxon,” a British barque, arrived at Philadelphia in October, 1847, and on the 17th of November following, Magee issued a foreign attachment from the supreme court of Pennsylvania and attached her as the property of one McIntyre, the defendant in the attachment suit. The sheriff of Philadelphia county executed this writ; placing his officer on board, who retained her in his custody until she was sold as hereinafter mentioned.
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“The Royal Saxon,” a British barque, arrived at Philadelphia in October, 1847, and on the 17th of November following, Magee issued a foreign attachment from the supreme court of Pennsylvania and attached her as the property of one McIntyre, the defendant in the attachment suit. The sheriff of Philadelphia county executed this writ; placing his officer on board, who retained her in his custody until she was sold as hereinafter mentioned. On the 15th of January, 1S48, this same Magee presented his petition to the court from which his attachment had issued, praying a sale of the barque as…
1Opinion of the Court
GRIER, Circuit Justice.
“It is certainly true,” says Lord Stowell, in 2 Dod. 289, in speaking of the high court_of admiralty of England, “that this court did formerly entertain questions of title to a greater extent tl^an it has lately been in the habit of doing. In former times, indeed, it decided without reserve upon all questions of disputed title, which the parties thought proper to bring before it for adjudication. After the Restoration, however, it was informed by other courts, that such matters were not properly cognizable here, and since that time it has been very abstemious in the…
2Cases cited2 opinions
- Morris v. De WittNew York Supreme Court · 1830
- Lowry v. HallSupreme Court of Pennsylvania · 1841
3Cited by2 opinions
- Union National Bank v. Moline, Milburn & Stoddard Co.North Dakota Supreme Court · 1897
- Braithwaite v. JordanNorth Dakota Supreme Court · 1895