Page:Federal Reporter, 1st Series, Volume 7.djvu/261

 THB CANADA. S49 �Deadt, D. J. In March, 1880, the Bhip Canada, of New York, twned by George and Jabez Howes, of that place, sailed for this port with a cargo of railway iron, and, on account of being compelled to put into Eio de Janeiro for repairs, did not reach her destination until March 4, 1881. �On and prior to the sailing of said vessel from New York, the Howes were indebted to the libellants, George Cornish and Eufus Hitchcock, of that place, in the sum of $660, for mate- riala. furnished and services rendered in repairing said vessel in the years of 1879 and 1880. �On March 9, Thomas F.McNeill and others, composing the crew of the vessel, brought suit against her for their wages; and on April 2, Effingham B. Sutton and others, constituting the firm of Sutton & Co., of New York, intervened for their interest as mortgagees in possession, to secure them against any liability they might incur by reason of having indorsed three certain notes of said Howes, in March and April, 1879, for the sum of $15,431.16, which they were afterwards com- pelled to pay, and petitioued that the proceeds of the vessel remaining after the payment of prior claims, including a bal- ance of $11,759,19 due on a bottomry bond given for the repairs at Rio, and all the proceeds of 9,140 pounds of old copper then on board the vessel and taken ofif her at Eio and there replaced by new copper, might be applied upon the ■debt secured by said mortgage. �On March 31, 1881, the libellants commenced an action in the circuit court for the county of Multnomah against said Howes, for the recovery of said $660, and upon the same day procured a writ of attachment to issue therein against the property of the defendants therein, upon which writ said copper was duly attached. At the date of said attachment said copper was stowed in the hold of said vessel, which was in the cuetody of the marshal of the district upon the warrant issued upon the libel of Thomas F. McNiell and others, afore- said, and subject thereto, in the possession of said Sutton & Co., as mortgagees, which possession was obtained after the a,rrival of the vessel here by means of an action of replevin ��� �