Davis and Brooks, Owners of One Half of the Brig Seneca, vs. The Brig Seneca, and Captain Henry Levely, Owner of the Other Half, November Term, 1828
“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.