Clyde v. Steam Transp. Co.

This is a contest between material-men, who have furnished repairs to the steam-boat Elm City _'n her home port, and who have a lien under the North Carolina statute, and the owners of a prior recorded mortgage for the proceeds of the sale of the boat. • The fund will not, in case the petitioners are first paid, be enough to d;scharge in full the amount of the mortgage.

There is no decision of the question which is of controlling force here, as 'the point has not been decided by the supreme court, nor by any circuit court of the Fourth circuit. In the Fifth circuit, (The De Smet, 10 Fed. Rep.…