Page:Federal Reporter, 1st Series, Volume 7.djvu/380

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368 FEDERAIi EEPOBTER. �adise, 5 Wall. 546.* Furthermore, the cargo concerning the ownership of whioh the dispute exista has been converted into money, and the money has been paid into the registry by consent of the claimant, and the court, having the money, must of necessity have jurisdiction to determine to whom it belongs. The determination as to the person entitled to take the money from the registry, will, of necessity, involve the question of the claimant's right to the property which the money representa; and this is the very question sought to be raised by the libel. I see no objection to the joinder in a single action of the proceeding against the vessel and the proceeding against the cargo, inasmuch as both proceedings arise out of the same transaction, and it is not seen that the right of the parties can be afifected by the joinder, �Without, therefore, expressing a final opinion either in regard to the liability of the vessel or the juriediction of the court in the matter of the cargo, the order now made will be that the case proceed to a hearing upon pleadings and proofs, with liberty to the claimants at such hearing to raise and reargue either of the questions last above mentioned, in view of the facts as they may appear in evidence, ..j, �*See, also, TUlmore V. Moore', 4 Fed. Bep. 231. ��� �