Trover. The jury brought in the following special verdict, viz.:

"The jury sworn, find the defendant guilty, and assess the plaintiff's damage to £ 4 and 6d. costs: subject to the opinion of the Court, on the following case. The plaintiff owned a boat, which drifted down the *Page 38 river, and was taken up by the defendant, who claimed salvage, and accordingly refused to restore it until that was paid." gave judgment for the defendant.

NOTE. — See Winslow v. Walker, 2 N.C. 192, which decides that the right to salvage in such cases is only to be enforced by detention of the property, and cannot be transferred to a purchaser of the property.

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