Page:Federal Reporter, 1st Series, Volume 4.djvu/567

 TEREELL ». SCHOONEB B. F. WOOLSET. 653 �The only question involved is as to the title which Hawldns acquired. In October, 1879, Hawkins brought a suit in the supreme court of New York against Daniel H. Terrell and one Whitehead. The complaint in that suit alleged that the plaintiff was a shipwright ; that in August, 1879, the defend- ant, Daniel H. Terrell, owned the vessel and employed the plaintiff to make certain alterations and repairs on her; that for that purpose said Terrell delivered the vessel into the pos- session of the plaintiff, and the plaintiff performed labor on her, and furnished materials to her of the value of $869.46, which sum said Terrell promised to pay; that the vessel re- mains in the possession of the plaintiff, and he has a lien on her for the value of said alterations and repairs; thathe has incurred expenses for wharf age and awatchman; and that the defendants have, or claim to have, some interest in the ves- sel; but, if any, it accrued subsequently to the plaintiff's lien. The prayer of the complaint wa,s for a judgment "that the defendants be foreclosed of ail right, title, interest, or equity of redemption in said schooner, and that said schooner may be decreed to be sold according to law; that out of the proceeds of such sale there be paid to the plaintiff the amount of his said claim, and costs, and the expense of keep- ing the vessel," and "that the defendant, Daniel H. Terrell, may be adjudged to pay any deficiency that may remain after the payment of said claim," and costs and expenses. �Daniel H. Terrell put in an answer raising issues for trial. Whitehead answered, raising issues, and setting up a mort- gage on the vessel given to him before the plaintiff's claim accrued, and alleging that the state court had no jurisdiction of the cause of action. The suit was tried in the state court as an equity suit, before the court without a jury, and a judgment was rendered that the defendant Terrell owed the plaintiff |861.31, "for which sum the plaintiff has a lien on the schooner B. F. Woolsey, and that the plaintiff is entitled ta a judgment of foreclosure and sale of the schooner B.P. Wool- sey;" and that the plaintiff "recover from said defendant Terrell any deficiency which may remain after such sale ; " and that the vessel be sold at publie auction under the direction of a ref eireft ����