The D. M. Hall v. The John Land

Before proceeding to a consideration of the merits of this case, it is fit that I should acknowledge my obligations to the counsel concerned in it. Not only have the books been explored by them with untiring industry, and every case brought to my notice .by which my judgment might be assisted, but the voluminous testimony in the cause has been analyzed and digested, and every view of the facts presented which zeal and ingenuity could suggest. I do not propose, however, to ■enter into an investigation of every contested fact, for I feel assured that in eases like the present, the court must be guided in forming its judgment by a general consideration •of the important features of the case, rather than by a minute examination of its details.

The facts of the case are briefly as follows: ■On the 15th of November, 1854, the John Land, a large clipper ship, with a valuable cargo, while on a voyage from Boston to this port, and in latitude about 4° S.. and longitude 103° or 104° W., was discovered to be leaking badly. Attempts wore made to discover and stop the leak, but without success, and preparations were made to abandon the ship, should such a step become necessary. During the…