Pickert v. Canal Boat Independence

On the evidence I am of opinion that there is a considerable sum of money still due to E. Remington & Sons on the mortgage, and that the notes given to them in March, 1874, were not given in settlement or discharge of the mortgage. Prima facie, the claimants are entitled to retain possession of the canal boat under the mortgage.

The provisions of the act of April 28,1864 (Laws of New York of 1864, p. 993) in regard to filing in the office of the *206auditor of the canal department a mortgage on a canal boat- and refiling in the same office a copy thereof with a statement of interest within thirty…