Schuchardt v. The Angelique

U.S. Circuit Court for the District of Southern New York

Schuchardt v. The Angelique

21 F. Cas. 747, 1857 U.S. App. LEXIS 616

CourtU.S. Circuit Court for the District of Southern New York

DecidedMay 13, 1857

StatusPublished

This text of 21 F. Cas. 747 (Schuchardt v. The Angelique) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schuchardt v. The Angelique, 21 F. Cas. 747, 1857 U.S. App. LEXIS 616 (circtsdny 1857).

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Opinion

The matter coming up before the court this morning,

NELSON, Circuit Justice,

said that argument of the petition was unnecessary, as he should hold the law to be that a maritime lien which attached to the rem was entitled to a preference over a mortgage, although the mortgage had been duly recorded; that no difference would be made between a lien given by a maritime law and one given by the local law of the state, if the latter was one of which a court of admiralty would take cognizance; that the lien creditors having obtained decrees in the circuit court, this court would not review the decree upon a petition filed in the circuit court; that this would dispose of the petition, and accordingly the application of the petitioners must be dismissed.

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The matter coming up before the court this morning,

NELSON, Circuit Justice,

said that argument of the petition was unnecessary, as he should hold the law to be that a maritime lien which attached to the rem was entitled to a preference over a mortgage, although the mortgage had been duly recorded; that no difference would be made between a lien given by a maritime law and one given by the local law of the state, if the latter was one of which a court of admiralty would take cognizance; that the lien creditors having obtained decrees in the circuit court, this court would not review the decree upon a petition filed in the circuit court; that this would dispose of the petition, and accordingly the application of the petitioners must be dismissed.

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Bluebook (online)

21 F. Cas. 747, 1857 U.S. App. LEXIS 616, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schuchardt-v-the-angelique-circtsdny-1857.