The Boise Penrose

(after stating the facts as above). The libelant has not appealed, and, though the ease comes here upon a trial de novo, it raises no question in its brief as to the dismissal of its libel in rem. We pass, therefore, the propriety of that portion of the decree, and proceed to the only question raised; i. e., the decree against the appellant in personam.

The pleadings are scarcely sufficient to raise the question. The libel was in rem for a lion under the Maritime Liens Act of 1920, and suggested no liability against the appellant. The impleading petition relied wholly on the warranty in the…