Page:United States Reports, Volume 2.djvu/91

 Semen: Coun or Pmagfyiwmh. 8; It is, liltewife, to be conlidered, that though a fale under the :766. Q fentence of a Court of Admiralty, like a fale in market overt, Q1`.! i alters the property; yet in both cafes, the wrong-doer remains { liable, or he would be fulfered to take advantage of his own wrong : And even after a fale has been made, if the goods come again into the pollellion of the original owner, his right of pro- perty will revive. 2 by}. yrg. There. are,'l:owever, many inliances of pleading a fale in market overt, by the innocent purchafer, but not a iingle initanee of fuch pleading in the cafe of the wrong-doer. _ _ From the fentence of condemnation, therefore, to the fen- tence of reverfal, it is but one tranfaélion; and the iil`ue of it places the parties in jlatu gm. A Court of Admiralty is not a " Court of Record; and, confequently, a writ of Error will not lie upon its decrees : But this does notjullify the diliinftion be- tween judgments vacated and reverfed; and the reverfal in this cafe islimilar to vacating. Src. 4 Iry?. 340. 8 Ca. rg;. - _; Ca. 76. Sail. 32. That a relation will make a nullitybe- tween the parties themfelves,l>ut notas to lirangtrs, is a common rule. L. Rayne. ga:. The whole doélrine of relations, in- _ deed, is favourable to the plaintiilsc 18 Vin. 293. 29r. Stra. 996. Burr. 20. And, correétly fpeaking, their property has never been in fufpenlion, but in nyfadia legi:. _ · After the argument, THE Courvr were divided in opinion on the queltion-·whether the aétion of T:-wer was proper? Two of the Judges deciding in the affirmative, againlt the other: But they concurred,clearly and unanimouily, on the pointofjurifdic- tion; and, accordingly, gave ]udgment for the plainti!E.* ' Since the Revolution, however, the nature and extent of the Ad- miralty jurifdiélion, has been more llriéily inveiligated and defined, beth in the State Courts, and the Courts of the United States. See r. Lal!. Rep. 49. gg. ISO. :18. and fereral cafes in the feguel of this volume. ' · April

�