United Virginia Bank/Citizens & Marine v. Oil Screw Sea Queen

MEMORANDUM OPINION

MacKENZIE, District Judge.

The plaintiff Bank instituted this action on September 2, 1970 against the fishing vessel SEA QUEEN, in rem, and her owners, William R. Rowe and Helen F. Rowe, in personam. Originally, the point of the proceedings was for the Bank to recover the balance due of $15,036.00 on a preferred ship’s mortgage, recorded March 24, 1969. The vessel was sold under that mortgage on December 15, 1970, and brought only $7,500.00.

In the meantime, however, intervening creditors have appeared in this proceeding, en masse. Some have properly filed their claims by…