Norfolk Sand & Cement Co. v. Owen

Citations

• 115 F. 778
• 53 C.C.A. 96
• 1902 U.S. App. LEXIS 4247

Syllabus

<p>1. Maritime Liens — Statutory Liens — Laches in Asserting.</p> <p>A lien for repairs given by a state statute, which makes no provision for recording, must he asserted within a reasonable time, dependent on the circumstances of each case, or it will not be enforced by a court of admiralty as against Innocent third persons whose rights have intervened.</p> <p>3. Same — Enforcement against Bona Fide Purchaser.</p> <p>Libelant made repairs on a steamer in a Virginia port for which he took the owner’s note, due in six months, but also claimed a lien on the vessel under the state statute. The vessel remained in the vicinity of such port, and within the reach of process, for more than a year, and-was then sold to claimant, who had no notice of the lien, which libel-ant took no steps to enforce until fourteen or fifteen months after thei repairs were made, iHeld, that his delay was unreasonable, and that he was debarred by his laches from the right to enforce the lien against the purchaser, but that a lien might be enforced for other repairs made within six months.</p>