“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: that they have repeatedly offered to sell their share to Captain Levely at a reasonable price; or to purchase from him; or to sell the entire vessel at public auction; or to send her to sea with a master to be appointed by themselves; but that Captain Levely obstinately refuses all these propositions, and persists in saying that he will take the brig to sea. The prayer of the petition is for an attachment against the vessel, and a citation to the captain to show cause why the court should not grant an order for the sale of the brig; or why they should not be permitted to send her to sea with a master appointed by themselves. The attachment and citation were awarded. The respondent admits the ownership of the vessel, as stated; that he is in possession of her; that he has taken her on several voyages, and means immediately to take her to sea; and asserts that the petitioners have no remedy or right, but to require of him to give security for her safe return, which he is willing and ready to do.”