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THE BENITO ESTENGER

No. 192.

176 U.S. 568 (1900)

THE BENITO ESTENGER.

Supreme Court of United States.

Decided March 5, 1900.

Attorney(s) appearing for the Case

Mr. Harrington Putnam for claimant.

Mr. Assistant Attorney General Hoyt for the United States. Mr. Joseph K. McCammon and Mr. James H. Hayden, counsel for captors, were on his brief.

Mr. George A. King and Mr. William B. King filed a brief on behalf of captors.

MR. CHIEF JUSTICE FULLER, after stating the case, delivered the opinion of the court.

If the alleged transfer was colorable merely, and Messa was the owner of the vessel at the time of capture, did the District Court err in condemning the Benito Estenger as lawful prize as enemy property?

"Enemy property" is a technical phrase peculiar to prize courts, and depends upon principles of public policy as distinguished from the common law. The general rule is that...

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