The Ajax

PETERS, District Judge.

The Fidelity Trust Company,-by assignment from the original mortgagee, -became the owner of a preferred mortgage for some $33,000, given by the P. H. Doyen Company, a corporation, in October, 1925, covering the steam lighter Ajax. The mortgage not having been paid, the trust company brought this libel to foreclose it, and the lighter was seized in October, 1928, subsequently sold, and the proceeds of the sale paid into court. After this had occurred Philip H. Doyen, Jr., filed a petition to intervene, which was granted, and claims a prior lien on the lighter for balance…