Page:Federal Reporter, 1st Series, Volume 8.djvu/366

352 FEDERAL REPORTER. �(4) Thai the defendant acquired no lien upon the vessel, either for those repairs made by order of C. or for those made by himself as her owaer, or for the dockage of the vessel. �(5) That the purchase of the vessel by the defendant from C, by bill of sale, with covenants of warranty of title, and afterwards taking possession of her, claimiug absolute ownership, and dealing with her in all respects as his own, was a waiver of any lien for repairs done by C.'s order, if any such lien ever existed. �Washington Gilbert and Wm. L. Putnam, for plaintiff. �A. P. Gould and S. C. Strout, for defendant. �Fox, D. J. On the seventh day of June, 1880, the plaintiff sued outthis writ of replevin for the hull, spars, sails, and rigging of the brig J, M. Wiswell, then in the sbip-yard of the defendant at Eock- land, in this district, where she was undergoing repairs by the defend- ant, who claimed title thereto by purchase at a sale by auction of the brig, by William H. Glover, on the first day of May, 1880. This vessel, under the command of the plaintiff, sailed from Havre in May, 1878, bound for Montevideo; the next day she met with bad weather, sprung a leak, and was taken into Dartmouth, England, where she was voluntarily run ashore to save the cargo, She was, by so doing, badly strained, and after discharging her cargo, and tbree surveys upou her, she was, on the report of the surveyors, condemned and sold, August 23d, for whom it might concern, at publie auction, and was struck off to the plaintiff for 4*^25. At the time of the disaster the plaintiff owued nine-sixteenths of the brig, and E. K. and W. H. Glover, his brothers, each one-eighth, the balance being owned in Boston. The vessel was sent by the plaintiff to Eockland in charge of the mate. She arrived there in Oetober, the plaintiff remaining in England to effect a settlement of the general average with the owners of the cargo. �The first question which arises is as to the effect of this sale, made by order of the master at Dartmouth, upon the interests of the other owners, the master having at the sale become the purchaser. It is not questioned by the learned counsel that a sale made under such circumstances does not divest the interests of the other owners unless ratified by them, which it is claimed was done by them in the present instance. The plaintiff, after the sale, did not inform the other owners how the sale was effeeted, but he did communicate to them the faet that he had become the owner of the vessel and of his claim as her sole owner; and it is not disputed that E. K. and W. H. Glover afterwards, by their conduct and declarations, by E. K. ��� �