Samuel B. Hobart and Others, Claimants of the Brig Hope and Cargo, Appellants v. Andrew Drogan and Others

This is an appeal from a decree of the district court for the southern district of Alabama, in the case of a libel for salvage, instituted in the court below by the appellees. That decree awarded to the appellees one-third of the appraised value of the brig and cargo as salvage: the appraised value being $15,299 58. The material facts of the case are as follows. The brig Hope, belonging to Charlestown, near Boston, being on a voyage from the Havana to the port of Mobile, on the 24th of January 1832, took a pilot (who was one of the libellants) about ten miles W. S. W. from Mobile point, by whom she was conducted inside of Mobile point, to the place, where the pilots at the outward bar of that point usually leave vessels which they pilot inside of that bar, about half past seven o'clock of the evening of the next day; and he was then discharged by the master of the brig. The brig then proceeded on her course up the bay of Mobile, and came to anchor about nine o'clock the same evening. About this time the wind changed to the northwest, and in the course of the night it blew a violent gale; the brig parted both her anchors, and was driven outside of Mobile point about two miles, and then brought up among the east breakers. At this time the gale had increased to a hurricane, the sea broke over the bring in every direction, and forced her on her beam-ends. At five o'clock in the morning the masts and the bowsprit were cut away to relieve and right her, for the safety of the vessel, cargo, and crew, and a signal of distress was hoisted. At noon, the flood tide making, the breakers increasing, and the gale continuing, there being two feet of water in the hold, and the pumps being choked with coffee, the master and crew, to save their lives and the ship's papers, left the brig in the long-boat and made for the shore, and were taken up by the custom-house boat. On the evening of the next day the master of the brig made arrangements with the libellants, who are all pilots of the port of Mobile, with their boats and the crew of the brig, to make efforts to extricate the brig and cargo from their perilous condition. Accordingly, the next morning an attempt was made by the libellants and the master (the mate and the crew of the brig declining to assist) to get on board of the brig; but it still blew so fresh, that it became impossible to board her. The master of the brig then went on shore from the pilot boat, which anchored at Mobile point. About one o'clock of the same day the brig shifted her position, and the libellants discovered her to be nearly afloat. The pilot boats were then got under weigh, and in about three-quarters of an hour afterwards the libellants, being then on board, and no other persons, the brig floated. At this time the wind was blowing fresh from E. S. E.; and if the brig had not been taken possession of by the libellants she would have been drifted on the west bank, and have become a complete wreck. The brig was then towed by the pilot boats and a steamboat, procured by the libellants, to the port of Mobile, in the course of the two succeeding days. Such are the material facts.