The Gordon Campbell

Citations

• 131 F. 963
• 1904 U.S. Dist. LEXIS 236

Syllabus

<p>1. Maritime Liens — State Statute — Supplies.</p> <p>Under a state statute giving a lien on a vessel for supplies furnished for her use on the order of her master, owner, or part owner, there is no lien for provisions furnished to a part owner living on a vessel with his family while she is laid up for the winter in her home port; the presumption being that they were furnished on his personal credit, and for his own use.</p> <p>2. Admiralty — Distribution of Proceeds of Vessel — Rights of Mortgagee.</p> <p>While Rev. St. §§ 4192, 4193 [U. S. Comp. St. 1901, p. 2837], providing for the recording of mortgages, etc., on vessels, do not make such recorded mortgages maritime liens enforceable in a court of admiralty, yet where such court has in its registry for distribution a fund arising from the sale of a vessel, and the maritime liens have been paid, the holder of a recorded mortgage may prove his claim against the fund, and is entitled to payment therefrom in the order of his priority.</p> <p>3. Shipping — Validity of Mortgage of Vessel — State Statute.</p> <p>The Illinois statute which provides that a chattel mortgage given to secure a note which does not, on its face, show that it is so secured, shall be void, cannot affect the validity of a mortgage on an enrolled and licensed vessel which is recorded, pursuant to the statute of the United States, at the home port of the vessel.</p> <p>4. Federal Courts — Distribution of Fund — Pendency of Suit in State Court.</p> <p>A suit was instituted in a state court to set aside a mortgage on a vessel, and a temporary injunction was granted, restraining its foreclosure. On a hearing the bill was dismissed and the injunction dissolved, and thereafter the mortgagee assigned the mortgage. Subsequently an appeal was allowed, and, on complainant giving bond, the injunction was reinstated. Pending the appeal the vessel was libeled for seamen’s wages in a court of admiralty, and, at the instance of the owner, was sold; all liens