The J. W. Tucker
District Court, S.D. New York
On December 12, 1883,-the canal-boat J. W. Tucker was libeled in this court by David’ Cox, and in that proceeding she was subsequently sold. After satisfying the amount due on that libel with costs, the sum of $206.23 remained, which was deposited in the registry of the court.
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On December 12, 1883,-the canal-boat J. W. Tucker was libeled in this court by David’ Cox, and in that proceeding she was subsequently sold. After satisfying the amount due on that libel with costs, the sum of $206.23 remained, which was deposited in the registry of the court. Prior to the sale the petitioner Stillman filed his libel against the boat on the twenty-seventh of December, 1883 ; and on the twenty-second day of January following, the petitioner Dentz filed her petition against the same; both claiming maritine liens on the boat and its proceeds. The claim of Stillman amounts to…
1Opinion of the CourtBrown, J.
The claim of the libelant Stillman presents in its-simplest form the question whether, as between maritime liens of the same rank, priority is to be given to that on whieh the libel is first filed and the vessel first arrested, without regard to the dates at which the liens respectively accrued. Such was the rule declared in this district in the case of The Triumph, (1841,) 2 Blatchf. 433, note, and The Globe, Id. 433, (1852,) and which has been more or less followed since. The principle on which this rule was based, in the language of those cases, is that a maritime lien “is, in reality,…
2Cases cited9 opinions
- Vandewater v. MillsSupreme Court of the United States · 1857
- The Young MechanicU.S. Circuit Court for the District of Maine · 1855
- The AmericaDistrict Court, N.D. New York · 1853
- The Kate HinchmanDistrict Court, N.D. Illinois · 1875
- The TriumphDistrict Court, N.D. New York · 1841
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Saylor v. TaylorCourt of Appeals for the Fourth Circuit · 1896
- Todd Shipyards Corporation v. the City of AthensDistrict Court, D. Maryland · 1949
- Loud v. United StatesCourt of Appeals for the Sixth Circuit · 1923
- The St. PaulDistrict Court, S.D. New York · 1921
- The NisseqogueDistrict Court, E.D. North Carolina · 1922
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