THE "ZIGURDS."

(1932) 43 Ll L Rep 387

ADMIRALTY DIVISION.

Before Mr. Justice Langton.

Ship - Sale under order of Court - Freight - Claims against proceeds of sale and against freight fund - Priorities - Ranking between (1) ship's agents, claiming as equitable assignees of freight, alleging notice to the consignees; (2) stevedores discharging ship, claiming against freight funds; (3) necessaries men who had executed boiler repairs, claiming against ship and freight funds; and (4) equitable mortgagee-Held, as to the ship fund, that the mortgagee took precedence over the repairers; as to the freight fund, (1) that no satisfactory notice of assignment was given by the ship's agents to the consignees, and therefore, as between the ship's agents and the mortgagee, the mortgagee took before the agents as being prior in point of time; (2) that it was not shown that the stevedores or the ship repairers had contributed any special service entitling them to be treated on a different footing from any other necessaries men, and that therefore, following the ordinary rule, the mortgagee took priority.