“On the 5th December,.182S, the complainants in this case filed their petition, Getting forth the following facts: That the petitioners are owners of one half part of the brig Seneca, now lying in this port; that the remaining half part belongs to Captain Henry Levely, who has had possession of the brig for several months, with the sole control of her: that he has proceeded on several voyages to the loss and dissatisfaction of the late owners, from whom the petitioners purchased the brig: that he now threatens to take the vessel to sea without their consent, and to their great detriment: th

“On the 27th December, Wharton, of counsel for the complainants in this case, moved for leave to enter an appeal from the decree of the court, rendered on the 23d December. Chauncey, for the captain and part owner opposed the appeal. The complainants must show that the decree made in this case is a final decree, coming within the act of Congress. If the petition was for the sale, or possession of the vessel, it was in nature of a possessory action; it was an application to the court for an order, which the court has decided it had no power to give.