Page:Federal Reporter, 1st Series, Volume 4.djvu/566

 553 FEDERAL REPORTER. �to Keene, he is entitled to a decree. TLis difference amounts to $1,961.57, for which sum, with interest from March 5, 1878, and costs, a decree will be entered in favor oi' the libel- lant. ���Terrell V. The Schoonbb B. P. Woolset. �{Circuit Court, 8. D. Nm York. October 23, 1880.^ �1. Abmtralty Jubisdictioîî — PosBEssoRY LiEH— "Common-LawRbmbdt" — Kev. 8t.§ 563.— a statutory proceeding of an equitable nature, for the enforcement and foreclosure of a possessory lien, founded upon a maritime contract, is not " a common-law remedy" within the mean- ing of section 863 of the Revised Statutes, relatiag to the admiralty jurisdiotion of the United States district courts. �In Admiralty. Appeal from the district court. �Henry D. Hotchkiss, for Hawkins. �H. B. Kinghorn, for Daniel H. Terrell. �Blatchford, g. J. This libel was filed in the district court against the schooner B. P. Woolsey, in rem, for wages alleged to be due to the libellant as a mariner on board of that ves- sel. One Daniel H. Terrell filed a claim to the vessel, and one John P. Hawkins also filed a claim to the vessel. Each claimed a right as owner to bond the vessel and defend the suit. Daniel H. Terrell was the owner of the vessel. Haw- kins elaims to have acquired and displaced the title of Daniel H. Terrell by «ertain proceedings in a suit in the supreme court of New York. On the petition of Daniel H. Terrell, and after hearing him and Hawkins, and examining the pro- ceedings in said suit, the district court made an order per- mitting Daniel H. Terrell to intervene and claim the vessel as her owner, and to defend the suit, and adjudging that Hawkins was not her owner, or entitled to appear as claimant or to defend this suit, and striking out his claim.^ Hawkins appealed to this court.* �*See The l'own of Pelham v. T7t^ Schoorm- B. F. Wooluy, 3 Fed. Rbp. 457. ����