Gallagher v. Unenrolled Motor Vessel River Queen, 72-2193.
Decision Date | 09 March 1973 |
Docket Number | No. 72-2193.,72-2193. |
Citation | 475 F.2d 117 |
Parties | James W. GALLAGHER and Claude M. Gallagher d/b/a Better Foods, Plaintiffs-Appellees, v. The UNENROLLED MOTOR VESSEL RIVER QUEEN (HULL NO. A-681 84) et al., Defendants. Glens Falls Insurance Company, Appellant. |
Court | U.S. Court of Appeals — Fifth Circuit |
William A. Harrison, Houston, Tex., for appellant.
John P. Forney, Houston, Tex., for Gallagher and others.
James H. Garst, Houston, Tex., for Courtesy Ford.
B. Buck Pettitt, Houston, Tex., for Smith and River Queen.
Before COLEMAN, MORGAN and RONEY, Circuit Judges.
Plaintiffs sued to recover possession of their 38-foot pleasure motor boat, RIVER QUEEN, which one defendant, a marina operator, had sold to the other defendants. Judgment was entered for plaintiff against the purchasers on the finding that the marina operator had no right to sell the plaintiff's vessel, and against the marina operator in favor of the purchasers who had paid for the boat which they could not keep.
The purchasers appeal on the ground that they acquired all rights to RIVER QUEEN under Section 2.403(b) of the Uniform Commercial Code ( ) which provides:
We affirm the judgment on the findings of fact and conclusions of law entered by District Judge Carl O. Bue, Jr.
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...is one in which a party seeks to recover possession of a vessel of which she has been wrongfully deprived. Gallagher v. Unenrolled M/V River Queen, 475 F.2d 117, 119 (5th Cir.1973); Friedell, supra, § 201, at 13-2. A petitory suit, on the other hand, is to assert legal title to a vessel. Jo......
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