The Ironsides

U.S. Circuit Court for the District of Southern Ohio

The Ironsides

13 F. Cas. 106, 15 Int. Rev. Rec. 59, 1872 U.S. App. LEXIS 1131

CourtU.S. Circuit Court for the District of Southern Ohio

DecidedJanuary 31, 1872

DocketCase No. 7,070

StatusPublished

This text of 13 F. Cas. 106 (The Ironsides) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

The Ironsides, 13 F. Cas. 106, 15 Int. Rev. Rec. 59, 1872 U.S. App. LEXIS 1131 (circtsdoh 1872).

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Opinion

EMMONS, Circuit Judge,

In deciding the questions involved in these cases, entered into a very learned and thorough discussion of the history of admiralty law in this country. and of the state lien or watercraft laws of the several states, with the long line of conflicting and varying authorities upon the subject, especially as shown in the history of the decisions of the supreme court of the United States upon the whole subject of admiralty and state law jurisdiction. Held: In affirmance of the decision of Judge Sherman [case unreported], that the mortgages upon these propellers should be paid, without reference to any liens asserted under the state watercraft law. That all such state liens were void under the recent decisions of the supreme court of the United States, although it was difficult to reconcile with these decisions the dictum of Mr. Justice Clifford in the Belfast Case, reported in 7 Wall. [74 U. S.] 624, and referred to in [Leon v. Galceran] 11 Wall. [78 U. S.] 188. The case of The Josephine, 39 N. Y. 19, and a recent decision of Judge Blatchford, reported in the last number of the Internal Revenue Record,¹ and cases in other states, were referred to in furtherance of this doctrine. The judge further said in effect that this view of the case made it unnecessary to decide what would be the relative rank of mortgages recorded under the national law and state liens, if valid.

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EMMONS, Circuit Judge,

In deciding the questions involved in these cases, entered into a very learned and thorough discussion of the history of admiralty law in this country. and of the state lien or watercraft laws of the several states, with the long line of conflicting and varying authorities upon the subject, especially as shown in the history of the decisions of the supreme court of the United States upon the whole subject of admiralty and state law jurisdiction. Held: In affirmance of the decision of Judge Sherman [case unreported], that the mortgages upon these propellers should be paid, without reference to any liens asserted under the state watercraft law. That all such state liens were void under the recent decisions of the supreme court of the United States, although it was difficult to reconcile with these decisions the dictum of Mr. Justice Clifford in the Belfast Case, reported in 7 Wall. [74 U. S.] 624, and referred to in [Leon v. Galceran] 11 Wall. [78 U. S.] 188. The case of The Josephine, 39 N. Y. 19, and a recent decision of Judge Blatchford, reported in the last number of the Internal Revenue Record,¹ and cases in other states, were referred to in furtherance of this doctrine. The judge further said in effect that this view of the case made it unnecessary to decide what would be the relative rank of mortgages recorded under the national law and state liens, if valid.

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Bluebook (online)

13 F. Cas. 106, 15 Int. Rev. Rec. 59, 1872 U.S. App. LEXIS 1131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-ironsides-circtsdoh-1872.

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