Page:Federal Reporter, 1st Series, Volume 3.djvu/250

 IN BB SCHOONER ELIZA B, EMORÎ. 243 �B. Clayton's interest, I should not hesitate for a moment to order a decree in their favor for the possession. But it is necessary to count him in order to constitute the majority, and the question here iswhether itis competent for one part owner to make an agreement or arrangement with another part owner, in regard to the management and con- trol of the vessel, by which he may be afterwards estopped from claiming the management and oontrol himself. It would not seem to be a difficult question to answer, if we may apply to a case in admiralty the same principles that are applica- ble to a suit in equity, and I do not see why we should not be allowed to do so. It is conceded that a court of admiralty is not a court of equity. It may, ne-vertheless, decide a cause submitted to its coguizance upon equitable principles. It has the capacity of a court of equity -in the matter of granting relief and of restraining a wrong, when the rules of natural justice require a departure from strict legal relief. See Ben. Ad. § 329. �Looking at the pleadings and proof s, and disregarding ail facts whioh are not set forth in the pleadings, I find that this is a cause of possession, and that it has been brought to dispossess a master, who is also part owner, without any allegations of incompetency, unskilfulness, or dishonesty, on his part, but solely upon the ground that the libellants repre- sent a majority of the parties interested in the schooner, and, as such, have the right to her possession and control, I find that, aggregating their interests, ail the libellants own seven- teen thirty-seconds of the vessel, and that of these shares John B. Clayton, one of the libellants, is the owner of ten thirty-seconds. I find that some years ago the said Clayton, being a part owner and the master, made sale of his then interest to the respondent Weeks, whom the libellants are endeavoring to dispossess, and that he received from Weeks at the time a considerable sum of money for what the parties thought was the " sailing right" of Clayton. Should an admiralty court be made the instrument of aiding him to oust Weeks, and to resume possession and control, be- ����