10 S.C.L. 124
Supreme Court of South Carolina
Decided January 15, 1818
Supreme Court of South Carolina · decided 1818-01-15
This case was tried before Mr. Justice Oheves, at Georgetown, Spring Term, 1817. It was admitted, that the plaintiff had a demand against the schooner General Hampton, a vessel owned by the defendant’s father, but in the possession and charge of the defendant. That the owner of the vessel was absent, and that the vessel was specifically liable in the Admiralty for the demand. That the plaintiff was about to libel her. That she was ready for sea and bound on a voyage.
Decided 1818-01-15
¶1The opinion of the Court was delivered by
¶2This case is not distinguishable from the cases of William v. Leper, (3 Burrows, 1886,) and Houlditch v. Milne, (3 Esp. *75cases, 86.) The plaintiff had a lien on the vessel, which he could have immediately enforced by the process of the Admiralty, and which he parted with on the defendant’s promise to pay.
¶3The decree must be affirmed.
¶4See 3 Strob. 177, 209; 1 Strob. 5; 4 Strob. 455; 1 Sp. 7; 3 Hill, 41; 2 McM. 61; 1 Bail. 14; 1 McC. 486, 575.