The Mary J. Beale
The Mary J. Beale
Opinion of the Court
The applicant, Angelo Orlo, claims to be the holder of a certain chattel mortgage, dated Janu
It appears that a libel was filed against said vessel on July 26, 1926, for violation of the Volstead Act (Comp. St. § 10138(4 et seq.). Section 26, tit. 2, thereof (section 10138(4mm) provides that said vehicle or conveyance “shall be returned to the owner upon execution by him of a good and valid bond.” The applicant does not claim to be the owner of this vessel, but merely a mortgagee. No provision is made in section 26 of the Volstead Act for the delivery 'of a vessel libeled pursuant to section 26 to a person other than the owner thereof.
It also appears that this vessel has been appraised at $20,000, and the claimant’s alleged lien is for the sum of $3,600. The claimant will be amply protected by filing his claim.
Motion is denied.
Reference
- Full Case Name
- THE MARY J. BEALE
- Status
- Published