Page:Federal Reporter, 1st Series, Volume 3.djvu/466

 TOWN or PELHIM V. BOHOONÎÎE B. F. WOOLSBT 469 �thereon; that in September, 1879, the scliooner tras deliv- ered by Terrell into the possession of the plaintifE for the purpose of having said alterations and repàirs made, and the plaintiflf thereupon caused workand labor to be performed on her, and materials to be furnished to her, of the agreed price and value of $869.46, which sum said Terrell promised to pay to the plaintiff ; that the alterations and repairs are completed, and said sumhas been demanded andpayment refused; that the said schooner is now, as she bas been since she was delivered to the plaintiff, in bis possession, and that he bas a lien thereon for the value of such alterations and repairs; that it is necessary, for the safety of the schooner, that she be kept at a dock, and that a watcliman be employed to guard her from danger ; that there have already accrued expenses for wharfage and watchman's services, amounting to a con- siderable sum, and that the necessary daily expenses for ■wharfage and watchman are about $5.50; that the defend- ants bave, or claim to bave, some interest in, or lien upon, said Bcbooner, which interest or lien, if any, accrued subse- quent to the lien of the plaintiff. �The complaint then prays judgment that the defendants be foreclosed of ail right, title, and interest or equity of redemption in said schooner, and that she may be deoreed to be sold aceording to law ; that out of the prooeeds of such sale there be paid to the plaintiff the amount of bis said claim> with interest, and the costs of the action, and the expense of keeping the vessel, and that the defendant Terrell be adjudged to pay any deficiency that may remain after the payment of said claim, interest, costs, and expenses, and that the plain- tiff bave such other and further relief as in the premisea may seem just. Both defendants appeared and answered. Ter- rell admitted his ownership, subject to a mortgage held by Whitehead. He admitted the employment of the plaintiff to do work and make repairs on the schooner, but denied that the plaintiff had possession of the vessel, or had any lien on it for his bill, and denied the value and amount of the work and materials, and set up certain damages by wayof eet-off or ����