The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-11
Decisions I'm Admiralty.
UNITED STATES DISTRICT COURT.
Before Hon. Ludge Belts.


AND
JUST POM al rs The Proceeds Of he Brig Arblst,-
The brig Arbustus having been ibelcd for sea.
wages and for a bottomry bond, and having been
sold by process OF the Court and those claims satisfied
here still remained remnants and surplus In the registry
OF the Two classes Of petitioners contested their
priority of right the fund the demands OF each exceed
ng Us entire amount Firbanks 4 Co. helda mortgage,
executed in Nova Scotia debt incurred there
OUTFIT supplies for the voyage notice Of which
mortgage was entered her register The belnts held
bill Il lading executed by the master during that
wage, for specie shipped board and never delivered
Held by the Court that the claim OF belants was aclear
maritime lien upon the vessel That the mortgages have
competent legal authority to gate their right TO the fund
representing the vessel although the Court could give them
no remedy against the vessel by OF foreclosure
Of his mortgage otherwise That the hbelanis having
lien upon the vessel have priority over the mortgages
That the principle not changed by the fact tina, the
foundation Of the mortgage debt OF maritime cha
accrung for labor and materials furnished by the
mortgages TO the vessel They could claim no priority
H. indeed their position was as advantageous "a
that Of unsecured material man, by their contract
they left the vessel in the hands OF the mortgager and
thus liable 20 subsequent maritime liens resulting from
gone into the posgesson Of the mortgages under that
REMEMBRANCE and had Afterwards taken on board the
shipment question, she would have been subject 10 a
lien for IL value and there 10 legal shown for
securing them privilege against this charge, when
leaving her the hands o the morgager, superior TO
what thew could claim IN placed in the hands OF the mort
gagees. Decree for lbeants.
EXCEPTION TO cATw-RGHT TtERTFr INTERVENE
Josth Eneas us TIE Schooner Charlotte kinerru-Ths
was a libel against the vessel upon bottomry bond.
The sheriff Of the city and county Of New York in.
iervened by claim and answer, alleging his levy
upon the vessel and his priority Of right Of pos.
session by virtue 81 writ OF fen fdo,as issued out
Of a Court Of law against the property Of her owner.
The lbcllant excepted 10 the claim and answer, the
ground that the sheriff not owner Of party
holding any lega interest In the vessel raising the point
whether Sheriff holding personal property In his pos
session under legal process has right 10 inierpose in
admiralty and contest the authority OF any party by suit
that take property out of his custody and pos
session Held by the Court that the Sheriff arrest
of personal effects under execution acquires all the
powers and interest Of baee or mandatory, and can
maintain In his any appropriate action 10 sup
port u his possession Indeed, be regarded "a techni
cay owner Of the property. There Is, therefore, no
foundation for exception 81 the competency OF sheriff
20 into this Court upon such interest the funda
mental principle respect 70 the rights Of parties 10 t-
gate admiralty forum, being that all valid rights 10
or interests property under arrest by s process may
be vndcacd in the name Of the one possessing title or
therein Rule "a IL the Supreme Court recognizes
the authority Of other persons than actual their
10 intervene and protect their interest property
under in admiralty proceeding Exception
overruled, with costs