THE HAMPTON


72 U.S. 372 (____)

5 Wall. 372

THE HAMPTON.

Supreme Court of United States.


Attorney(s) appearing for the Case

Mr. W.S. Waters, for the appellant and in support of the mortgage claim:

Mr. Ashton, Assistant Attorney-General, contra.


Mr. Justice MILLER delivered the opinion of the court.

The decree of condemnation of vessel and cargo stand unaffected, and the only question presented for our decision is, whether appellant is entitled to have the amount of his mortgage paid to him out of the proceeds of the sale of the vessel.

1. The first ground on which appellant relies is, that the mortgage being a jus in re, held by an innocent party, is something...

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