The Garland
District Court, E.D. Michigan
In Admiralty. This was a libel by an administrator to recover damages for the the death of his intestate, a minor son, occasioned by a collision between the Garland and steamer Mamie, upon the Detroit river, on the twenty-second of July, 1880. The defense by the Detroit Elver Ferry Company, claimant, was that subsequent to the collision the Garland was sold by a decree of the maritime court of Ontario upon the petition of Odette & Wherry, for coal furnished for the steamer’s…
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In Admiralty. This was a libel by an administrator to recover damages for the the death of his intestate, a minor son, occasioned by a collision between the Garland and steamer Mamie, upon the Detroit river, on the twenty-second of July, 1880. The defense by the Detroit Elver Ferry Company, claimant, was that subsequent to the collision the Garland was sold by a decree of the maritime court of Ontario upon the petition of Odette & Wherry, for coal furnished for the steamer’s use. The reply to that defense was that such sale was collusive and fraudulent, and vested no title in the purchaser.
1Opinion of the CourtBrowN, J.
I bad occasion to hold, not long since, in the case of The Trenton, 4 Fed. Rep. 657, that the sale of a vessel by the maritime court of Ontario extinguished all prior liens and vested a clear and unincumbered title in the purchaser, notwithstanding such prior liens, contracted in 'this country, could not be made the foundation of a proceeding in rem in the Canadian court. An opinion was intimated that the lienholders in such cases were remitted to the proceeds of the sale in the registry of the court, and that their liens would be respected if valid, according to the lex loci contractus. An…
2Cases cited11 opinions
- Pierce v. JacksonMassachusetts Supreme Judicial Court · 1810
- Feaster v. WoodfillIndiana Supreme Court · 1864
- Dougherty's EstateSupreme Court of Pennsylvania · 1844
- Annett v. . TerryNew York Court of Appeals · 1866
- Parkhurst v. SumnerSupreme Court of Vermont · 1851
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3Cited by3 opinions
- Loud v. United StatesCourt of Appeals for the Sixth Circuit · 1923
- Alfred J. Ghezzi, Jr. v. Foss Launch and Tug CompanyCourt of Appeals for the Ninth Circuit · 1963
- Alfred J. Ghezzi, Jr. v. Foss Launch and Tug CompanyCourt of Appeals for the Ninth Circuit · 1963