THE MUSCOOTA

No. 4837.

16 F.2d 212 (1926)

THE MUSCOOTA. VAN SANT v. MUSCOOTA NAV. CO. (UNITED STATES, Intervener).

Circuit Court of Appeals, Ninth Circuit.

December 13, 1926.


Attorney(s) appearing for the Case

F. Eldred Boland, Knight, Boland, Hutchinson & Christin, and Knight, Boland & Christin, all of San Francisco, Cal., for appellant.

Geo. J. Hatfield, U. S. Atty., Frank Maytham, Asst. U. S. Atty., both of San Francisco, Cal., and Arthur M. Boal, Admiralty Counsel U. S. S. B., and F. R. Conway, Admiralty Atty. U. S. S. B., both of Washington, D. C., for appellees.

Before GILBERT and RUDKIN, Circuit Judges, and JAMES, District Judge.


RUDKIN, Circuit Judge (after stating the facts as above).

Upon the foregoing facts two questions arise: First, did the appellant acquire title to the bark prior to the executive order of June 30, 1917; and, second, if so, could he acquire a valid title as against the United States, through judicial proceedings instituted in a state court, after the adoption of the joint resolution by Congress, and before the date of the executive order? If the first question is answered...

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