The Lillie Mills
District Court, D. Massachusetts
This was a suit in rom, for supplies furnished for the brig Lillie Mills, in March, June, and October, 1853. The libel was filed October 12th, 1855. It appeared in evidence, that the brig was built at St. Mary’s, Florida, in 1853, was registered there, and that port continued to be her home port, until October, 1854, when she was registered in Portland, Maine.
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This was a suit in rom, for supplies furnished for the brig Lillie Mills, in March, June, and October, 1853. The libel was filed October 12th, 1855. It appeared in evidence, that the brig was built at St. Mary’s, Florida, in 1853, was registered there, and that port continued to be her home port, until October, 1854, when she was registered in Portland, Maine. A large portion of the claim was for articles furnished while the vessel was building at St. Mary’s, or before, she left her home port, for the first time. And as to all this portion of the cla;m, the respondent contended that it never…
1Opinion of the Court
SPRAGUE, District Judge.
There is no lien, by the general maritime law, for the supplies furnished to this vessel in her home port. It is not contended that there is any by the statute law of Florida. For the supplies furnished in New York, the libellant, undoubtedly, once had a lien upon the vessel. The question is: Has it been waived or lost by lapse of time, or otherwise? If there had been no transfer or attachment of the property, I should hold the lien was not lost. When the rights of third persons have intervened, the lien will be regarded as lost, if the person in whose favor it existed…
2Cited by6 opinions
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- Bancroft-Whitney Co. v. The QueenDistrict Court, N.D. California · 1896
- The BristolDistrict Court, S.D. New York · 1882
- Nesbit v. The AmboyDistrict Court, S.D. New York · 1888
- The TigerDistrict Court, N.D. California · 1898
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