, 1859-04-22

FRANKIL,r& LIGHTNER,
Interyenors.
Lander and Kendall for plaintiffs.
Evans aud Garfield for respondents.
McFADDEN, 3. This cause comes be
fore the Court on appeal from the decree
of the District Court sitting 10 Admiralty
The steamship Constitution was libelled on
bottomry bond, decree of condemnation
passed, and she was sold to satisfy the
claim; a balance Of the fund arising from
the sale was paid into, and remains in courl
to satisfy the claims of contesting parties
The respondents, Frankil aud Lghtner
we're the owners Of the ship at the time o.
the decree Of condemnation and sale, and
claim the Tesid1UM or remnant being the
funds in court as against the appellants
who claim to intervene under the following
circumstances: tt II
The said steamship Constitution was un.
dergoing repairs at the port Of Benicia, il
the State Of California; the appellants
Price, Green Il Co., were merchants, doing
business and residing in the city Of SaI
Francisco, and on the application Of james
M. Hunt, Master Of the said steamer Con
stitRti6n, and of Hunt and John H. Scran
ton, advanced monies from time to time Il
the said Hunt, and to the said Hunt 4
Scranton, which it is alleged were applied
to the payment Of material, men, and me
chanies engaged ID the repairs Of said ship
and in purchasing supplies TO ct her for The
sea. s-sF sl ffya ts0
The said ship Consultation subsequently
18th July, 1851, left the ports Of Califor
mia, destined for the waters Of Puget Sound
within the Jurisdiction of Washington Ter
ritory. The ship, after leaving the ports
of California, encountered heavy seas
sprung leak, and after jetlisOa was CON
PEELED to seek refuge in the port Of Sar
Francisco, which she reached with greal
difficulty, and in sinking condition. Ad
ditiOnal expenses we're again necessarily in
CURED in the shape Of port charges, aud
charges resulting from the adjustment o.
general average, which constitute one o.
the items in the appellants bill The ship
on her second departure from the port o.
San Francisco reached the waters OF Puget
Sound, which she continued to navigate uI
W JH6 Iliuo vi SuV uSCISC VI SOuuCluuublOn
The appellants, Prize, Green q Co.
claim to have the following bill satisfied oul
Of the surplus funds in court viz. FouI
thousand six hundred and nine dollars anC
ten one-hundreths t$4, 500 10. This bill
is composed Of sundry items, for monies dis
bursed and charges made for aud on &C
count of the steamship COHstitHtiOn. AnC
that they are entitled to the decree Of thil
court, awarding the said remnant to them
or so much thereof as may be necessary t
liquidate the claim.
In the argument Of this cause the eoun
sci on both sides have argued this case viii
great ability, and have exhibited q reseGacl
in the discussion of the many important lie
gal questions which arose at the differen
stages Ia this cause-rarely surpassed il
the judicial tribunals of the country-prin
ciples novel and important; and underlying
the whole range of Admiralty jurisdiction
and practice.
This discussion was necessary from III,
difficulty which surrounded the facts Of tht
case, and notwithstanding the lneid argu
ments Of counsel on the questions of law, OF
the facts involved, We are free to admi
that we are in doubt, and hesitateas to th,
conclusion which should be arrived at in or
der to do justice to all Of the parties con
cerned.
In proof of ownership we have the agree
ment Of james NJ. Hunt entered into Will
W. II. Davidge, President Of the p. NJ. S
S. Co, bearing date New York, Marel
goth, 1851, which on examination prove,
to be an executory contract, yet there i
nothing TO show that this contract was eve
consummated, by transfer Of the posses
sion of the ship, or the payment Of the bal
ance Of the purchase money. J. II. Scran
ton states explicitly that the contract wai
not completed, but that if the ship had beei
traRsferred to Hunt under this agreemen
be would have been equal owner with Hunt
As to who was really the equitable owue
there is great difficulty in ascertaining. Ii
reference to the equitable ownership Of thi
vessel at the time when the liabilities wer,
incurred there is something hidden
something unseen; and shrouded in o dark
ness so impenetrable that it is with th,