Opinion
(April Term, 1795.)
A boat is drifted away from a landing, and taken up by a stranger, who sells to defendant: Held, that the stranger's right to salvage is a demand upon the plaintiff to be enforced by detention, and that the right is not transferable to a purchaser of the property.
(193) TROVER for a boat; and a general verdict for the plaintiff, subject to the opinion of the Court upon this special case, viz.: The boat sued for was the property of the plaintiff, and was drifted away from the landing at Campbellton, and floated down the river 114 miles, to a part of the river about a mile wide, and was there taken up by a stranger, and again got adrift and went to the New-Inlet, where the river empties into the sea, 10 miles wide; there it was again taken up by a stranger, who knew not the owner, nor from whence the boat had come. The boat was greatly wrecked and damaged, and in that condition was sold to the defendant, who repaired it; upon which the plaintiff demanded, and the defendant refused to deliver. If, on the above facts, the law is for the plaintiff, the judgment to be given for him in the verdict; if for the defendant, then a nonsuit to be entered.
And now, upon argument, it was insisted for the defendant that the taker-up of the boat who sold to him had a lien on it for his salvage, to which he was entitled. 1 L. Ray., 393, Hartford v. Jones, and 2 Bl. Rep., 1117, were cited.
The Court took time to advise, and the next day gave judgment for the plaintiff, being of opinion that the right he had to detain the boat until paid for salvage was in the nature of a demand upon the plaintiff, or a chose in action, to be enforced by keeping possession of the boat till the plaintiff should satisfy him, which could not be transferred with the boat to another; and being founded on the possession, when he parted with that, he lost his lien, and could then only recover his salvage in his own name against the plaintiff. 1 Atk., 234, 235; 1 Burr., 494; 5 Bac. Ab., 270; Doug., 105; 4 Burr., 2214.
Judgment for plaintiff.