Propeller Hilton v. Miller

Citations

• 62 Ill. 230

Syllabus

<p>1. Attachment op vessel,—setting aside default. After judgment by default against a vessel in a proceeding by attachment for supplies, and, at the same term of court, a party applied to the court to have the default set aside and permit him to come in and defend the action as owner of the vessel, based upon his affidavit of ownership acquired by purchase on a sale of the vessel under a mortgage, which was a prior lien. In the attachment proceeding no owner of the vessel was named in the affidavit, statement of the claim, or warrant, and there was no published notice to any one of the pendency of the suit. The court refused the application : Held, that the court erred in the refusal.</p> <p>2. Lien on boat for supplies—priority. A prior mortgage on a vessel, duly recorded, has precedence of a lien of a material-man subsequently acquired.</p>