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5 D.C. 465

Mason v. Cutts

Decided March 15, 1838

Bile in equity by the administrator of James Leveaux against the administrator of Thomas Brown, to which the defendant filed a general demurrer. The bill stated that in 1810, the ship General Eaton, J. S. Place, master, owned by Thomas Brown, a citizen of the United States, was captured by a French privateer and carried into Calais.

Decided 1838-03-15

¶1The Court

(Thruston, J.,

¶2absent,) decided, that the plaintiff’s intestate had not a specific lien on the ship; and if he had, he abandoned it when he received bills of exchange for the amount of his claim, and therefore he can only come in as a general creditor of Brown, and receive his dividend in the due course of administration.

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