Page:Federal Reporter, 1st Series, Volume 8.djvu/654

€40 ■ FBDBBAL EEPOBTEE. �disagreement between her ownera as to her employment at the in- stance of a minority in value. No substantial reason is given for declining the jurisdiction, while every argument euggested by anal- ogy and convenience is in fayor of it. Story, Part. §§ 437-39 ; 2 Par. S. & A. 242; Ben. Ad. § 274. But in a case of an equal division of interests, the jurisdiction is generally admitted. Skrine v. The Hope, Bee, 2; Orleans v. Phœlms, 11 Pet. 183; Story, Part. § 439; 3 Kent, 153, 154, note a. ; The Ocean Belle, 6 Ben. 253 ; Davis v. Brig Seneca, 1 8 Am. Jurist, 486 ; The Marengo, 1 Sprague's Dec. 506 ; Fox v. The Lode- meia, Crabbe, 271; Ben. Ad. § 274. �Yet, under the circumstances of this case, it does not seem equitable to order a sale at once, and thereby possibly prevent Caples from completing or having the full benefit of a profitable business in which he now appears to be engaged. �The libellant, although entitled to security, bas acquiesced so long in Caples using the vessel -without it, that his demand for a com- pulsory sale at this juncture is open to the suspicion that he is as- serting his right when he may think he has Caples at a disadvantage that will oompel him to buy at a high price. But it cannot be de- nied that Caples was in the wrong in taking the vessel away from Coyne, and enrolling her and employing her in another district, with- out giving the proper security, or at least offering to do so, when written to by Coyne as aforesaid, or even after the suit was brought, instead of which he insisted in his answer upon his right to retain the exclusive use and possession of the vessel without security or account, during his pleasure. �The decree of the court will be that within 10 days Hezekiah Caples enter into a stipulation with sureties, to be approved by the clerk of this court, in double the value of J. F. and George T. Coyne's interest in said steamboat Gazelle, to-wit, the sum of $3,000, for the return thereof to this port, and to the possession of the libellant, on or before January 1, 1882, in as good condition as he received her after the repairs upon her machinery, necessary deterioration ex- cepted ; and unless he does so, that execution may issue against his property for the amount of said value as upon a decree of this court. And in default of said stipulation, that said vessel be sold as upon execution, and the proceeds brought into this court for distribution; and that upon the return of said vessel to this port, as aforesaid, she may be sold, and the proceeds disposed of as aforesaid upon the ap- plication of either party herein; and that the libellant recover his costs and expanses, to be taxed. ��� �