U.S. Circuit Court for the District of Southern New York, 1857

Schuchardt v. The Angelique

Schuchardt v. The Angelique
U.S. Circuit Court for the District of Southern New York · Decided May 13, 1857 · Nelson
21 F. Cas. 747; 1857 U.S. App. LEXIS 616
Schuchardt v. The Angelique

Opinion of the Court

The matter coming up before the court this morning,

NELSON, Circuit Justice,

said that argument of the petition was unnecessary, as he should hold the law to be that a maritime lien which attached to the rem was entitled to a preference over a mortgage, although the mortgage had been duly recorded; that no difference would be made between a lien given by a maritime law and one given by the local law of the state, if the latter was one of which a court of admiralty would take cognizance; that the lien creditors having obtained decrees in the circuit court, this court would not review the decree upon a petition filed in the circuit court; that this would dispose of the petition, and accordingly the application of the petitioners must be dismissed.

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