O'Connell v. Pate
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Western Division of the Southern District of Ohio. In Admiralty.
Read the full summary
Appeal from the Circuit Court of the United States for the Western Division of the Southern District of Ohio. In Admiralty. Libel by Leo Baumgartner against the steamer W. B. Cole for supplies. ' F. J. O’Connell and C. M. Pate intervened as claimants under mortgages held by each, as to which the district court adjudged the lien of Pate’s mortgage superior to that of O’Connell, and this decree, on appeal by O’Connell, was affirmed by the circuit court. 4!) Fed. 587. O’Connell again appeals. Statement by TAFT, Circuit Judge: This case was begun by a libel filed by Boo Baumgartner against (he…
1Opinion of the Court
TAFT, Circuit Judge,
(after stating the facts.) The question whether a mortgage on a ship delivered to the collector of a port to he recorded, as provided by sections 4192-4194, Rev. St. U. S., is constructive notice to subsequent purchasers if, through the negligence of the collector, it is not actually recorded, was much dis*184cussed in the briefs and arguments of counsel. It is by no means free from difficulty, and, as the decree of the court below can be satisfactorily affirmed on another ground, we express no opinion thereon.
'The subject-matter of this controversy is the one-half interest in…
2Cases cited10 opinions
- Carpenter v. LonganSupreme Court of the United States · 1873
- Jackson ex dem. Merrick v. PostNew York Supreme Court · 1836
- Fallass v. PierceWisconsin Supreme Court · 1872
- Logan v. SmithSupreme Court of Missouri · 1876
- Mahoney v. MiddletonCalifornia Supreme Court · 1871
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Anderson v. MessengerCourt of Appeals for the Sixth Circuit · 1907
- State v. BlackwellWest Virginia Supreme Court · 1926
- Bank of Lexington v. CooperMississippi Supreme Court · 1917
- Maryland Credit Finance Corp. v. CampbellSuperior Court of Delaware · 1937