The "Tremont"-(Gray)
| Jurisdiction | England & Wales |
| Judgment Date | 13 January 1841 |
| Date | 13 January 1841 |
| Court | High Court of Admiralty |
English Reports Citation: 166 E.R. 534
HIGH COURT OF ADMIRALTY
the " tremont "-(Gray) January 13, 1841 -In cases of sale under a decree of the Court, the transfer of the ship's register is not essential to the validity of the purchaser's title The title conferred by the Court in the exercise of its authority in decreeing the sale, is a sufficient title against the whole world.-Monition against the American consul to bring in the register of an American ship, sold at Liverpool in a cause of bottomry, refused This was a case of an American vessel which had been sold at Liverpool under a decree of the Court in a cause of bottomry. Subsequent to the arrest the ship was abandoned by the owners, and the master delivered the register to the American consul at Liverpool, who declined to restore it, upon the ground that having received it m his official capacity, he was bound to send it to the secretary of the treasury of the United States. The ship was purchased by an American, and he refused to complete the purchase until the register had been given up Under these circumstances, Burnaby now moved the Court for a monition against the consul, calling upon him to ahew cause why the register should not be...
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