The Avalon
District Court, N.D. West Virginia
In Admiralty. On January 12, 1907, R. Wild filed his libel against the steamer Avalon for debt. Numerous intervening libels were filed for like purpose, all of which were referred to Commissioner L. V. G. Morris to ascertain, among other things, “the nature, amount, character, and priority of all maritime liens, or liens, under the provisions of section 14 of chapter 75 of the Code of West Virginia, against the steamer Avalon.”
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In Admiralty. On January 12, 1907, R. Wild filed his libel against the steamer Avalon for debt. Numerous intervening libels were filed for like purpose, all of which were referred to Commissioner L. V. G. Morris to ascertain, among other things, “the nature, amount, character, and priority of all maritime liens, or liens, under the provisions of section 14 of chapter 75 of the Code of West Virginia, against the steamer Avalon.” Also, “what liens by mortgage, deed of trust, or otherwise, exist that are not maritime liens, or liens under the said statute of West Virginia, and whether such liens…
1Opinion of the CourtDayton, District Judge
(after stating the facts as above). Did the commissioner err in reporting thfe debt due the First National Bank of Chattanooga as entitled to prior payment? I think not, for these reasons: This debt was incurred for the purchase by Cramer of the half interest held by the Chattanooga & Tennessee River Packet Company whereby he became sole owner of the steamer, and it was secured by a mortgage duly recorded in the collector’s office in Chat.tanooga. At the time, the Avalon was registered at the port of Chattanooga, and it was its home port, the residence of the packet company, and it was plying…
2Cases cited6 opinions
- White's Bank v. SmithSupreme Court of the United States · 1869
- Aldrich v. Aetna Co.Supreme Court of the United States · 1869
- Atlantic Trust Co. v. The VigilanciaCourt of Appeals for the Second Circuit · 1896
- Chestertown Bank v. WalkerCourt of Appeals for the Fourth Circuit · 1908
- The Gordon CampbellDistrict Court, W.D. New York · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- The NisseqogueDistrict Court, E.D. North Carolina · 1922
- The Anna R. HeidritterDistrict Court, D. Massachusetts · 1923