Bishop & Co. v. Pacific Navigation Co.

Opinion of the Court, by

Preston, J.

This is a suit for the foreclosure of a mortgage over 150 tons, more or less, of copra, laden on the bark Lillian, said bark being at the time of the execution of the mortgage on a voyage from Jaluit, Marshall Islands, to Honolulu.

The suit was commenced and process served on the seventh day of December last, and a decree was made pro confesso on the 17th of the same month.

On the 10th of December the defendant made an assignment to W. F. Allen for the benefit of its creditors, and on the 23d of January last- a motion was filed on behalf of Mr. Allen to vacate…