Page:Federal Reporter, 1st Series, Volume 9.djvu/788

THE JOSEPHINE SPANGLEB. 773 �stances which have been developed, my judgment is that it is not shown by the weight of the evidence that Downton intended to cod- vey, absolutely, bis right and title in and to this patent; and that he did not understand that he was making such an instrument of abso- lute conveyance. I must, therefore, hold that the title still remains in the plaintiff, Downton. �I have not undertaken to construe what bas been spoken of as the addendum to the personal-service contract. Mucb was said in argu- ment concerning its meaning and proper construction. In the view now taken of the case that part of the discussion becomes quite immaterial, and in disposing of the questions which it is here neces- sary to decide, I have only taken that addendum into consideration as a transaction between the parties which tends to strengthen Down- ton's claim that he did not intend to make an absolute conveyance of this patent to AUis & Co. �The complainaut will have a deeree as prayed in the original bill. The cross-bill will be dismissed, and the plea to the bill in the caso of AUis against Seamans and others will be sustained. ���The JOSEPHINE Spangler. {District Court, S. D. Misaisaippi. January, 1881.) �1. Mahitime Liens — Mortgagbs— Puioiiitt. �Maritime liens have priority over mortgages. �2. Liens undee State Laws— Samb — Same. �As between a lien by force of a state statute for materials and supplies fur- nished a vessel in the home port, and a mortgage lien, the lien that attaches first has priority. �3. Liens. �One who advances money to the ofBcers of a boat, vrith which to purchase a commodity to be shipped by the boat to him, has no lien on It for the amount of money so advanced, although the offlcers fail to make the purchase or re- fund the money. �4. Same — Lbasb of thb Bar op a Vessel — Sale of the Vessel within the �Tbrm. �Where rent is paid in advance for the lease of the bar of a vessel and its privileges, and the vessel is sold before the term expires, the lessee has no lien on the vessel for a sum of money equal to the rent paid for the unexpired part of the term. �In Admiralty. �A. N. Lea, for the mortgage creditera. �Pittman e Smith, for the lienholdera. ��� �