Statements contained in judgments as to the facts upon
which the judgment is based are deemed to be irrelevant
as between strangers, or as between a party, or privy, and
a stranger, except^^ in the case of judgments of Courts of
Admiralty condemning ship as a prize. In such cases the
judgment is conclusive proof as against all persons of the
fact on which the condemnation proceeded, where such
fact is plainly stated upon the face of the sentence.
Illustrations,
{a) The question between A and B is, whether certain lands in Kent
had been disgavelled. A special verdict on a feigned issue between



19 This exception is treated by Lord Bldon as an objectionable
anomaly in Lothian v. Henderson, 1803, 3 Bos. & Pul. at p. 545. See,
too, Castrique v. Imrie, 1870, L. R. 4 E. & I. App. 434-5.
Chap. IV.] THE LAW OF EVIDENCE. US

C and D (strangers to A and B) finding that in the 2nd Edw. VI. a
disgavelling Act was passed in words set out in the verdict is deemed
to be irrelevant.20

(&)• The question is, whether A committed bigamy by marrying B
during the lifetime of her former husband C.
A decree in a suit of jactitation of marriage, forbidding C to claim to
be the husband of A, on the ground that he was not her husband, is
deemed to be irrelevant.2l

( c ) The question is, whether A, a shipowner, has broken a warranty
to B, an underwriter, that the cargo of the ship whose freight was
insured by A was neutral property.
