White's Bank v. SmithAnnotate this Case
74 U.S. 646 (1868)
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
ERROR TO THE CIRCUIT COURT FOR
THE NORTHERN DISTRICT OF NEW YORK
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