• 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 its 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 he 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. And there was judgment for the Plaintiff.
Winslow v. Walker, 2 N.C. 221, 1 Hayw. 221 (1795)
April 1795
·
North Carolina Superior Court
2 N.C. 221, 1 Hayw. 221
Winslow v. Walker.
A boat is drifted away from a landing, and taken up by a stranger, who sells to Defendant: held, that tbe stranger’s right to salvage, is a demand upon the Plaintiff to be enforce d by detention, and that the right is not transferable to a purchaser oi the property.
Trover for a boat; and a general vndiet for (he Plaintiff-, subject to the opinion of the court upon this special case, via : The boat sued for, was the property of the Plaintiff, and was drifted away from the landing at Campbeliton, and floated dowti the river 114 miles, to a part of the river about a miie wide, and was there taken up by a stranger ; and again got adrift and went to the New-Inief, where the river empties into the sea, ten miles wide; there il was again taken up by a stranger who knew not ttie owner, nor from whence the boat had come. The boat was greatly wrecked and damaged, and in that condition was sold to (lie Defendant, who repaired it: upon which the. Plaintiff demanded, and the *222Defendant 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. the case of Harford and Jones, and 2 Bl. Hep. 11 IT, were cited.