Lykes Bros. Steamship Co. v. S. S. Centerville

MEMORANDUM AND ORDER

NOEL, District Judge.

In this ship foreclosure proceeding, the question now presented is whether wages earned by alleged deserters may prime the preferred ship mortgage. The mortgagee contends that the amount should be applied to the debt. This position is opposed by the United States, which has an interest in the fund sufficient to confer standing. Humes v. Alaska Transportation Company, 180 F.2d 534 (9th Cir. 1950).

The wages earned and owing to a deserting seaman are subject to forfeiture. 46 U.S.C. § 701. After payment of such expenses as may be occasioned by the…