Legal Opinion
Marine Mart, Inc. v. The O/S Miss Darla Dawn
District Court, S.D. Texas
Decided October 11, 1967No. 66-B-13PublishedCited by 5 opinions
1Opinion of the Court
*354MEMORANDUM
GARZA, District Judge.
This cause deals with the priority between a preferred maritime mortgage and several traditional maritime liens.
The main question to be decided is whether an earlier mortgage was extinguished so that the subsequent mortgage must be deemed an entirely new and unrelated security subsequent in point of time to the maritime liens being asserted.
The parties have filed a Stipulation of Facts, and the Court has heard evidence.
Most of the facts are not in dispute here, and may be condensed as follows:
On April 28, 1964, Billy Hudson purchased the O/S MISS DARLA DAWN, a…
2Cases cited1 opinion
- Merchants & Marine Bank v. The Fishing Vessel T. E. Welles, Etc.Court of Appeals for the Fifth Circuit · 1961
3Cited by5 opinions
- Bank of America, NT & SA v. PengwinCourt of Appeals for the Ninth Circuit · 1999
- Avondale Shipyards, Inc. v. Tank Barge Ets 2303Court of Appeals for the Fifth Circuit · 1985
- C.I.T. Corp. v. M/V WinchesterDistrict Court, E.D. Virginia · 1986
- 99 Cal. Daily Op. Serv. 2707, 1999 Daily Journal D.A.R. 3527Court of Appeals for the Ninth Circuit · 1999
- Avondale Shipyards, Inc. v. Tank Barge Ets 2303, Itt Industrial Credit Co., Intervenor-Appellant v. The Belcher Company of Texas, Inc., Intervenor-AppelleeCourt of Appeals for the Fifth Circuit · 1985