Brent L. Sellick v. Theodore William Bell, Sr., and Myrtle Watson Harris Bell

Ninth Circuit

Brent L. Sellick v. Theodore William Bell, Sr., and Myrtle Watson Harris Bell

389 F.2d 379, 1968 U.S. App. LEXIS 8164

CourtCourt of Appeals for the Ninth Circuit

DecidedFebruary 6, 1968

Docket21640

StatusPublished

This text of 389 F.2d 379 (Brent L. Sellick v. Theodore William Bell, Sr., and Myrtle Watson Harris Bell) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brent L. Sellick v. Theodore William Bell, Sr., and Myrtle Watson Harris Bell, 389 F.2d 379, 1968 U.S. App. LEXIS 8164 (9th Cir. 1968).

Pincite

Opinion

PER CURIAM:

Appellant appeals from an order of the District Court affirming the order of the referee in bankruptcy declaring null and void a judgment lien on real property belonging to bankrupts.

The lien arose out of a money judgment obtained by appellant against the bankrupts in a state court action on a conditional sales contract for the unpaid balance of the purchase price of a seagoing vessel sold by appellant to bankrupts. The action was in personam and not in rem against the vessel.

Appellant contends that the lien voided by the order of the referee is a maritime lien which the bankruptcy court is without jurisdiction to pass upon. Appellant’s contention is without merit. See Foust v. Munson Steamship Lines, 299 U.S. 77, 57 S.Ct. 90, 81 L.Ed. 49 (1936), and Sellick v. Sun Harbor Marina, Inc., 9 Cir., 384 F.2d 870, decided October 27, 1967.

Affirmed.

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