Mordecai v. The Mary Eddy
District Court, D. South Carolina
Mordecai v. The Mary Eddy, 17 F. Cas. 728 (1877)
Mordecai v. The Mary Eddy
Opinion of the Court
cites from The. Young Mechanic, Case No. 18,180, the remark by Judge Curtis wherein he distinguished a maritime from an equitable lien, and adopted the definition by Pothier of an hypothecation, as an accurate description of a maritime lien under our law, — “the right which a creditor has in a thing of another, which right consists in the power to cause that thing to be sold in order to have the debt paid out of the price,”— and adds that a maritime lien, in general, gives no right to the creditor to take possession; that is executed by the suit in rem.]
[Nowhere reported: opinion not,now accessible. The above statement of the point determined was taken from Cohen’s Adm. Law, 202.]
Reference
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- MORDECAI v. The MARY EDDY
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