Case No. 8,428.

LLEWELLYN et al. v. TWO ANCHORS AND CHAINS.

[1 Ben. 80.]¹

District Court, E. D. New York.

Oct., 1866.

SALVAGE—DERELICT—THE WHOLE VALUE DECREED.

In a case of derelict property, of small value, notice of the proceedings having been brought home to the owners of it, who failed to appear in the suit and had expressly abandoned the property to the libellants, the court awarded the whole balance ($107) to the salvors after payment of costs.

[Cited in The Carl Schurz, Case No. 2,414.]

[This was a libel in rem by John Llewellyn and others against two anchors and chains.]

Mr. Goodrich, for libellants.

BENEDICT, District Judge. This is a case of salvage of two derelict anchors and chains of no great value. Although actual notice of the proceeding is brought home to the owners of the property, no appearance is entered for any claimant, and the proofs disclose that the owners in express terms abandoned the property to the libellants. In such a case the balance of the whole proceeds, after payment of the costs, may be awarded to the salvors, by whose exertions the property was saved. The William Hamilton, 3 Hagg. 43. Let a decree be entered awarding to the libellants the whole proceeds in court ($107), after deducting the costs.

¹ [Reported by Robert D. Benedict, Esq., and here reprinted by permission.]

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