Page:Federal Reporter, 1st Series, Volume 3.djvu/919

 912 FBDEBAL EEPOETEE. �Beemed to exceed the value of the boat, Walier, with the approval of the master, and to save expense, gave the con- sent to, the decree of condemnation and sale, and also the consent for tl^ distribution of the proceeds. Neither the master nor Walker received any part of the proceeds. The evidence fails to show any fraud on the part of Walker or of the purchaser, Murtagh, and.this libellant in this suit was a purchaser in good faith from Murtagh's executor, �So far as appears, the claims for which the several libels were filed were valid liens on the boat, and the evidence does not show that she was then worth more than $600, the price paid by Murtagh. On this state of facts the decree of con- demnation and sale are conclusive in favor of the purchaser, not with standing any irregularity in the notice given, or in- tended to be given, to parties in interest, by publication. A purchaser in good faith under a marshal's sale, upon a decree of a court of admiralty, will be protected in bis title if the court had Jurisdiction to decree the sale. The rules of the court require notice by publication before a default can be entered. If these rules have not been observed it is good ground for opening the decree and letting in a party to de- fend. The Hornet, Abb. Adm. 57. But the decree is valid until set aside or reversed, and cannot be attacked collaterally. Jurisdiction over the vessel is acquired by its seizure by the marshal under the process of the court, and this seizure and possession by the marshal are, in view of the law, notice to ail persons interested of the pendency of the proceedings, and of their right to intervene and protect their interests. Thus, in the case of The Mary, 9 Crancb, 126, 144, Chief Jus- tice Marshall says : "The whole world, it is said, are parties in an admiralty cause ; and, therefore, the whole world is bound by the decision. The reason on which this dictum stands will determine its extent. Every person may make himself a party, and appeal from the sentence; but notice of the con- troversy is necessary in order to become a party, and it is a principle of natural justice, of universal obligation, that be- fore the rights of an indivual be bound by a judicial sentence be shall have notice, either actual or implied, of the proceed- ����