Barque Great West No. 2 v. Oberndorf

Citations

• 57 Ill. 168

Syllabus

<p>1. Attachment oe boats and vessels, under act of 1857—when the lien accrues. Under the act of February 16tli, 1857, relative to the liability of vessels for debts contracted on account thereof, there exists a lieu on such vessels in favor of the material-men for the supplies furnished, from the moment the liability therefor is incurred. Such lien is acquired by force of the statute, and not by virtue of the levy and seizure under the attachment warrant, which is the remedy provided for the enforcement of the lieu, and does not create the lien.</p> <p>2. Same-—of the priorities of liens, and time of enforcing them. The net of 1857 must be construed in connection with the act of 1845, to which it is an amendment, and which expressly provides, that such debts shall have the preference of all other debts due from the owners or proprietors of boats and vessels of all descriptions * * * running upon any of the navigable waters within the jurisdiction of this State, excepting the wages of mariners, etc., which are to be first paid ; and in connection with the act of 1855, which extends the time for enforcing such liens as against other creditors, or subsequent incumbrancers, and bona fide purchasers, from three to nine months.</p> <p>3. But such liens can not take priority over previous incumbrances, such as judgments and mortgages, but can only prevail as against debts and demands for which there exists no prior lien.</p> <p>4. Former decisions. The cases of Williamson v. Hogan, 46 Ill. 504, and The Tug Montauk v. Walker & Co., 47 Ill. 335, so far as they hold that, under the act of 1857, no lien is expressly created against vessels by the contract for furnishing supplies, and in furnishing them, are overruled.</p>