White's Bank v. Smith
74 U.S. 646 (1868)

Annotate this Case

U.S. Supreme Court

White's Bank v. Smith, 74 U.S. 7 Wall. 646 646 (1868)

White's Bank v. Smith

74 U.S. (7 Wall.) 646

Syllabus

1. Under the act of Congress of July 29th, 1850, enacting

"That no bill of sale, mortgage, hypothecation, or conveyance of any vessel, or part of any vessel, of the United States shall be valid against any person other than the grantor or mortgagor, his heirs and devisees, and persons having actual notice thereof unless such bill of sale, Mortgage, hypothecation, or conveyance be recorded in the office of the collector of the customs where such vessel is registered or enrolled,"

a recording of a mortgage in the office of the collector of the home port of the vessel has the effect, by its own force and irrespective of any formalities required by a state statute to give effect to chattel mortgages, to give the mortgagee a preference over a subsequent purchaser or mortgagee.

2. The home port of the vessel is the port in the office o

Official Supreme Court caselaw is only found in the print version of the United States Reports. Justia caselaw is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.