Page:Federal Reporter, 1st Series, Volume 7.djvu/127

 THE B. P. WOOLSET. 115 �possession, and he had then taken her from the receiver under a new title, the case would be different. See Jacobs V. Latour, 5 Bing. 130. So, too, if title had passed by the ■d,le the lien would be gone. Mexal v. Dearborn, 12 Gray, 336. What the libellant did in thus attempting to sell the owner's interest was not with any purpose of relinquishing the lien, but with the purpose of insisting upon and enforc- ing it, and I think it has not operated to extinguish the lien. There was certainly no intended bad faith towards the owner, nor did the attempt to sell impair or injuriously affect the owner's interest. I am not called on to determine whether anyof libellant's other acts in or in pursuance of the suit in the Btate court operated to extinguish the lien. See, further, as to waiver or forfeiture of lien, Kerford v. Mondel, 28 L. J. (N. S.) Exch. 303; Weeks y.Goode, 6 G. B. (N, S.) 367; Winter V. Coit, 7 N. Y. 288; Doros v. Morewood, 10 Barb. 183; Hanna v. Phelps, 7 Ind. 21 ; Thompson v. Traiil, 6 B. & C. 36; Boardman v. GUI, 1 Camp. 410; Scharfv. Morgan, e M. & W. 270. �5. It is further elaimed that the lien was extinguished by the seizure of the vessel by the sheriff, in a sait of repleTib brougbt by this elaimant against this libellant, or by her seizure by the marshal under the process of this court. It appears that in January, 1880, this elaimant brought a suit of replevin against this libellant to recover the vessel, and the usual requisition to take possession of her was given to the sheriff ; that the sheriff, without removing her, or other- wise disturbing the possession of this libellant, put a keeper on board, and maintained a suffieient possession to satisfy the requirements of the replevin suit till some time in March, 1880, when a suit for wages by one Terrill, the mate, was commenced in this court. This suit for wages was instigated by this elaim- ant, and, with his consent, the sheriff abandoned whatever pos- session he had, to enable the marshal to seize her under his process. Afterwards, a suit for wharf age was commenced in this court by the town of Pelham, and now this present suit to enf oree libellant's lien. The marshal holds the vessel under the several processes in these three actions. As to ��� �