The Harrison
Supreme Court of the United States
, Appeal from the circuit court for the district of Maryland. The libel filed by the captors, in thi§ base, in the district court, alleged, that the goods for which condemnation was slight* were captured and taken put of a Spanish vessel. No claim was filed for the goods in either -.of the courts below.
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, Appeal from the circuit court for the district of Maryland. The libel filed by the captors, in thi§ base, in the district court, alleged, that the goods for which condemnation was slight* were captured and taken put of a Spanish vessel. No claim was filed for the goods in either -.of the courts below. But, upon'the hearing, the district court dismissed the libel, upon the ground, that the property, to whomsoever belonging, was protected by the 15th article ®f the treaty of 1795 with Spain, by. which» free ships make free goods; and this decree was affirm- • ® # # # , ■ • * cd» upon the same…
1Opinion of the CourtStory, J.
We have considered this question with a view to the general rules of practice. Whenever a prize is brought to adjudication in the admiralty, if, upon the hearing of the cause upon the ship’s papers, and the evidence taken in preparatory, the property appears to belong to enemies, it is immediately condemned. If its national character appear doubtful, or even neutral, and no claim is interposed, the court do not proceed to a final decree, but the cause is postponed, with'a view to enable any person, having title, to assert it, within a reasonable time, before the court. This reasonable time…
2Cited by9 opinions
- The William BagaleySupreme Court of the United States · 1867
- The Carlos F. RosesSupreme Court of the United States · 1900
- Bell v. Hagerstown BankCourt of Appeals of Maryland · 1848
- The William BagaleySupreme Court of the United States · 1866
- Flack v. GreenCourt of Appeals of Maryland · 1831
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