Turner v. Coolidge

Decided March 15, 1841

Massachusetts Supreme Judicial Court · decided 1841-03-15

Replevin, to try the plaintiffs’ title to the brig Canton. The parties agreed the following facts : Both plaintiffs are inhabitants of Portland. In March, 1839, the brig belonged to Turner, one of the plaintiffs, and A. Staples of Hallowell, and in that month sailed from Portland on a voyage to Matanzas, and thence to Boston. Turner was the managing owner, and had the entire control of the brig.

Decided 1841-03-15

Per Curiam.

¶1The general rule is, that the sale of a vessel abroad is good, provided possession be taken within a reasonable time after her return.

¶2We are strongly inclined to the opinion, that the possession of one part owner, who acts for himself, and, at the request of the other part owner, acts for him, supersedes the necessity of a formal taking of possession, and vests the property in the vendee.

¶3But without deciding the case on that ground, it is impossible to distinguish this case from that of Joy v. Sears, 9 Pick. 4. Under the circumstances of the case, as agreed, laches is not "mputable to the plaintiff, Merrill. No unreasonable time had elapsed, when the attachment was made, and therefore the vessel was not liable to be attached as the property of Staples, the former owner.

¶4Judgment for the plaintiffs.