The Tilton
U.S. Circuit Court for the District of Massachusetts
This was a libel, brought originally in the district court by George W. Otis & Jonathan Thaxter, of Boston, to obtain possession of three quarter parts of the schooner Tilton, alleging that they were the owners of the said three quarter parts, and that possession thereof was wrongfully withheld from them by the said Schenck, McCabe, & Smith.
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This was a libel, brought originally in the district court by George W. Otis & Jonathan Thaxter, of Boston, to obtain possession of three quarter parts of the schooner Tilton, alleging that they were the owners of the said three quarter parts, and that possession thereof was wrongfully withheld from them by the said Schenck, McCabe, & Smith. The claim and answer set up a title by purchase, in McCabe & Smith, to three quarter parts, and in Schenck, to one quarter, and set forth the facts connected with the sale and purchase. The replication denied the validity of the sale. The principal facts…
1Opinion of the Court
STORY, Circuit Justice.
This is a libel in a proceeding in the admiralty, technically called a cause of possession, the object of which is to restore to the rightful owner the possession of a ship, which is unlawfully withheld from him, or of which he has been wrongfully dispossessed. It is well known to those, who are conversant with the original elements of the jurisdiction exercised by the courts of admiralty, that it extended its claims to all causes of a maritime nature, inclusive of questions of prize, whether they arose from contracts or from torts, the nature of the contract deciding…
2Cases cited3 opinions
- Fontaine v. Phœnix InsuranceNew York Supreme Court · 1814
- Grant v. M'LachlinNew York Supreme Court · 1809
- Platt v. HibbardNew York Supreme Court · 1827
3Cited by13 opinions
- Young v. KellarSupreme Court of Missouri · 1887
- Andreasen v. Two Hundred & Ninety-Five Thousand Feet of LumberDistrict Court, D. Massachusetts · 1894
- Korthinos v. the NiarchosCourt of Appeals for the Fourth Circuit · 1949
- Ward v. PeckSupreme Court of the United States · 1856
- Haller v. FoxDistrict Court, D. Washington · 1892
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