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