Perkins v. Emerson
Supreme Judicial Court of Maine
On REPORT. Replevin of Sloop Emma, of Bangor, built during tbe year 1869. Plea, general issue, with, brief statement alleging that the property belonged to the defendant.
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On REPORT. Replevin of Sloop Emma, of Bangor, built during tbe year 1869. Plea, general issue, with, brief statement alleging that the property belonged to the defendant. The plaintiff relied upon a mortgage to him from one Perkins, her builder, dated July 6, 1869 (the sloop being then incomplete and on the stocks), and recorded in the city clerk’s office at Bangor, Aug. 11, 1869. The sloop was launched in August 1869, and licensed Aug. 6, 1869, in the name of Joseph H. Perkins, as owner; and nothing appeared in the custom-house showing any incumbrance against her at the time of purchase by…
1Opinion of the CourtWalton, J.
This is an action of replevin for a sloop, and the question is whether the plaintiff or the defendant has the better title.
*320The plaintiff claims title by virtue of a mortgage, dated July 6, 1869; and the defendant by purchase, Aug. 15,1870. The question is whether the plaintiff's mortgage was duly recorded.
By the laws of this State a mortgage of personal property may be recorded in the office of the town or city clerk where the mortgager resides.- By anaCt of congress passed July 29, 1850, mortgages of vessels are to be recorded in the office of the collector of customs where the vessel is…
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