34 F. 142 | U.S. Circuit Court for the District of Maryland | 1887
The facts in this case are that on the 6th of October, 1886, the schooner Marcelia Ann was libeled in the district court for wages. By order of the court under that libel she was sold, and after the payment of the seamen’s wages found to be due, the remainder of the proceeds of sale were paid into the registry of the court for distribution to proper claimants. The schooner was the property of George S. Holland. The remaining proceeds are now claimed by Sumner W. Dana, by virtue of a lien under a Maryland statute relating to liens for work and labor, and by George S. McCready, under a mortgage from George S. Holland, properly executed and recorded on the 17th of June, 1884. The first item in the account for which a lien is claimed is of June 5, 1884, and the last is dated Oct. 17, 1884.
Our attention has been called to the fact that the construction given to the 'mechanics’ lien law relating to buildings is that it gives a lien for all debts contracted for work done, notwithstanding an intermediate mortgage after the commencement of the building. But this is by statute. Section 15, art. 67, so provides, and the legislature having seen fit to make this difference between liens upon buildings and those upon vessels, we have no alternative but to carry out its intentions.
It is therefore determined that the fund in court is liable for all material and labor furnished up to and including the 17th of June, as appears by the account filed, and tho remainder, alter payment of costs, belongs to the mortgagee. And a decree will be passed accordingly.