Such a seizure is not an equitable remedy. United States v. Appeal dismissed . The Admiralty Rules authorized the clerk to issue a warrant for the arrest in rem of property upon the government's filing of an appropriate complaint. In Good , supra , however, the Supreme Court held that due process requires an adversarial hearing before seizing real property.
Claimants style their notice as an appeal from the order granting the seizure warrant.
Since the issue is not briefed, we express no opinion about this characterization of the order from which claimants appeal. See 28 U.S.C. 1291. 5. In the warrant, the court instructed the marshal to conserve the property and noted its power to issue any order necessary to effectuate the warrant. See 28 U.S.C. 958. See Consolidated Rail Corp .