UNITED STATES v. ONE OX-5 AMERICAN EAGLE AIRPLANE

No. 12903.

38 F.2d 106 (1930)

UNITED STATES v. ONE OX-5 AMERICAN EAGLE AIRPLANE, No. 5571 (KINNEAR, Claimant).

District Court, W. D. Washington, N. D.

February 4, 1930.


Attorney(s) appearing for the Case

Anthony Savage, U. S. Atty., and Tom De Wolfe, Asst. U. S. Atty., both of Seattle, Wash., for libelant.

Revelle, Simon & Coles, of Seattle, Wash., for claimant.


NETERER, District Judge (after stating the facts as above).

It is insisted that the libel is lacking in substance, in that it does not allege that the airplane was in the custody of the collector of customs, but, rather says, in his possession.

Custody, as distinguished from legal possession, may be said to be a charge to keep subject to order or direction. Cutter v. Howe, 122 Mass. 541, 543; People v. Burr, 41 How. Prac. (N. Y.) 293, 296. While the terms...

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