The Experiment - 21 U.S. 261 (1823)
U.S. Supreme Court
The Experiment, 21 U.S. 8 Wheat. 261 261 (1823)
21 U.S. (8 Wheat.) 261
In cases of collusive capture, papers found on board one captured vessel may be invoked into the case of another captured on the same cruise.
A commission- obtained by fraudulent misrepresentations, will not vest the interests of prize.
But a collusive capture made under a commission is not per se evidence that the commission was fraudulently obtained.
A collusive capture vests no title in the captors, not because the commission is thereby made void, but because the captors thereby forfeit all title to the prize property.
Appeal from the decree of the Circuit Court of Massachusetts affirming the decree of the District Court of Maine by which the sloop Experiment and cargo were condemned to the United States as having been collusively captured by
the private armed schooner Fly. The facts (so far as necessary) are stated in the opinion of this Court.