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21 F. Cas. 710

Schmidt v. The Superb

U.S. District Court

Decided May 15, 1852

U.S. District Court · decided 1852-05-15

The bark Superb was seized upon process issuing in various actions, and sold under an order of this court, made October. 1850. and the proceeds paid into court. The libelants, Schmidt & Balchen. filed therein libel for advances and supplies made to the vessel on the 15th of September. 1850, and on the 10th of May, 1S52, obtained a decree in their favor.

Decided 1852-05-15

¶1HELD

BY THE COURT,

¶2that the petition of James Wilkie does not bar or affect the right of the libelants to the satisfaction of the decree rendered in their favor, no suit or proceeding having been instituted in this court by said Wilkie until after the commencement of the action by the libelants, and it not ap-iiearing that he has any fixed lien or privilege upon said vessel or her proceeds for his debt, or that he has been declared, by any competent court of law, to have a lien or privilege of payment in respect thereto; nor is it represented by his petition that his demand has any privilege or lien, other than that which accrues to him in a maritime court, because of supplies and advances made to a foreign vessel.

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