The Ethelwold

Citations

• 165 F. 806
• 1908 U.S. Dist. LEXIS 185

Syllabus

<p>1. Maritime Liens (§ 02*) — Enforcement in Admiralty — Parties—Right of Other Creditors to Defend.</p> <p>In proceedings in ran in admiralty to enforce, maritime liens on a vessel, any creditor of tlie claimant desiring to contest the claim of any lien claimant must appear in the canse and do so by answer and on the reference.</p> <p>(Ed. Note. — For other cases, see Maritime Liens, Cent. Dig. § 100; Dee. Dig. § 62.*]</p> <p>2. Admiralty (§ 101*) —Sale of Vessel — Proceeds — Decree in Personam— Waiver of Lien.</p> <p>The libelant in a suit in admiralty against a vessel and tlie owner, after the vessel had been sold and the proceeds paid into court, and after intervening libels asserting maritime liens had been filed, proved its claim and took a decree in personam only against the owner of the vessel, making no opposition to the claims of the intervening libelants. Hold, that as. against them it waived its right to assert a lien on the fund in court and elected to look to the owner alone, and that such election also bound an insurer entitled to succeed to libelant’s rights by subrogation.</p> <p>[Ed. Note. — For other cases, see Admiralty, Cent. Dig. § 684; Dec. Dig. § 101.*]</p>