Tucker v. Potter

D. South Carolina

Tucker v. Potter

24 F. Cas. 275

DecidedNovember 15, 1805

StatusPublished

This text of 24 F. Cas. 275 (Tucker v. Potter) is published on Counsel Stack Legal Research, covering District Court, D. South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tucker v. Potter, 24 F. Cas. 275 (D.S.C. 1805).

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Opinion

[In respect to the lien of salvors, it was held that custbms duties, in the order of payment, constitute a prior debt. They belong to the government; are regarded as the claim made by the supreme authority of the nation. Such duties are not possessed of any peculiarity distinct from other liens, making it necessary for the court to deduct them, and consider the balance only as representing the property saved. Decided by MA-GRATH, District Judge. Nowhere reported; opinion not now accessible. The above statement of the point determined was taken from Cohen, Adm. Law, 189.] ■

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[In respect to the lien of salvors, it was held that custbms duties, in the order of payment, constitute a prior debt. They belong to the government; are regarded as the claim made by the supreme authority of the nation. Such duties are not possessed of any peculiarity distinct from other liens, making it necessary for the court to deduct them, and consider the balance only as representing the property saved. Decided by MA-GRATH, District Judge. Nowhere reported; opinion not now accessible. The above statement of the point determined was taken from Cohen, Adm. Law, 189.] ■

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Bluebook (online)

24 F. Cas. 275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tucker-v-potter-scd-1805.