Schuchardt v. Babbidge
60 U.S. 239 (1856)

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U.S. Supreme Court

Schuchardt v. Babbidge, 60 U.S. 19 How. 239 239 (1856)

Schuchardt v. Babbidge

0 U.S. (19 How.) 239

Syllabus

Where a mortgage existed upon the moiety of a vessel which was afterwards libeled, condemned, and sold by process in admiralty, and the proceeds brought into the registry of the court, the mortgagee could not file a libel against a moiety of those proceeds.

His proper course would have been, either to have appeared as a claimant when the first libel was filed or to have applied to the court by petition for a distributive share of the proceeds.

The facts are stated in the opinion of the Court.

Page 60 U. S. 240

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