1 Hopk. Ch. 135 | New York Court of Chancery | 1824
The right claimed by each of the contending parties, is the right of occupancy. Both parties have prepared means and have taken measures to raise the sunken frigate; neither party has yet effected that object; and neither party has yet obtained any actual or exclusive possession of the derelict subject. In this state of things, a suit has been instituted in this court. The complainants allege in their bill, that their acts of occupancy have obtained for them a title ; and the defendants, by their answer insist, that their acts preparatory to an actual possession, have been such, as to give them a prior and superior right.
1. Does this controversy belong to the jurisdiction of this court? There is nothing in the nature of the subject as a vessel, or in the nature of occupancy as a title, which can con
2. Injunctions to prevent trespasses on lands, though somewhat extended in modern times, are still confined to cases, in which the title is not doubtful, and the injury would be irreparable. Here, the subject is personal property; and no "case has been found in which a court of equity has interposed by injunction, to award possession of derelict goods, to one occupant in preference to another. In this case, the right is disputed, the possession of either party, if either has any possession, is very incomplete; and there is no suggestion in the bill, that the injury to the complainants would be irre7 parable, if the subject should pass into the hands of the defendants.
3. The injunction issued in this cause, required the defendants not only to desist from the farther pursuit of their enterprise, but also, to remove their means prepared for rais
With regard to the motion for attachment:
The injunction has not been fully obeyed. But as the exigency of this injunction was very peculiar; as much is shown to excuse the disobedience ; and as the injunction is now dissolved on the merits ; the defendants must pay the costs of this application : and on that condition, the attachment will not issue.