Legal Opinion

The Grace Greenwood

District Court, N.D. Illinois

Decided April 15, 1869PublishedCited by 8 opinions

In admiralty. This case was submitted to the. court upon the following statement ■of facts: On the 28th day of December, A. D. 1868, the barque Grace Greenwood was arrested by monition issued out of this court at a suit prosecuted for mariners’ wages. On the 22d day of February, A. D. 1869, the barque was sold by the United States marshal, and brought the sum of seven thousand, three hundred and seventy-f[ve dollars.

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In admiralty. This case was submitted to the. court upon the following statement ■of facts: On the 28th day of December, A. D. 1868, the barque Grace Greenwood was arrested by monition issued out of this court at a suit prosecuted for mariners’ wages. On the 22d day of February, A. D. 1869, the barque was sold by the United States marshal, and brought the sum of seven thousand, three hundred and seventy-f[ve dollars. After paying admiralty liens there remained in the registry remnants and surplus. Against these remnants and surplus mortgagees filed a petition claiming the funds by virtue of…

1Opinion of the Court

DRUMMOND, District Judge.

The mortgages were made and executed in Chicago, where the mortgagors, and mortgagees resided, and were recorded in the office of the collector of customs, but nowhere else. They were all recorded, as I understand, before any of the supplies were furnished, and the controversy arising between the parties is as to the priority of these claims upon the proceeds — whether the material men should be first paid or the mortgagees.

None of these material-men have maritime liens, but as this court and other admiralty courts have decided, although they might not have maritime…

2Cases cited6 opinions

  1. Vose v. . CockcroftNew York Court of Appeals · 1871
  2. Sheppard v. . SteeleNew York Court of Appeals · 1870
  3. Bird v. the Steamboat JosephineNew York Court of Appeals · 1868
  4. The Aetna Insurance Company v. . AldrichNew York Court of Appeals · 1862
  5. Barque Great West No. 2 v. OberndorfIllinois Supreme Court · 1870

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. The J. E. RumbellSupreme Court of the United States · 1893
  2. Menge v. The MadridU.S. Circuit Court for the District of Eastern Louisiana · 1889
  3. Brig E. A. BarnardU.S. Circuit Court for the District of Eastern Pennsylvania · 1880
  4. The CanadaDistrict Court, D. Oregon · 1881
  5. The General BurnsideU.S. Circuit Court for the District of Eastern Michigan · 1880

3 more not listed; retrieve them via the Exa API.

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