Brown

By the Court,

The plaintiff Brown brought a suit against the defendants Howards in the district court of the fourth judicial district, to recover a sum of money, alleged to be due from the defendants to plaintiff, and sued out an attachment under which the sheriff of San Francisco seized a quantity of coal on board the ship Orphan. Soon thereafter, one Tyson, by virtue of section 37 of the statute entitled, “An Act to Regulate Proceedings against Debtors by Attachment,” interpleaded in the suit, claiming to have a lien on the coal for the hire of the ship. Plaintiff filed an answer denying that Tyson had any lien on the coal, and the cause came on for trial on the 16th day of January last on this issue, and judgment was rendered to the effect that Tyson had such lien. Brown appealed to this court, and the question now is, whether, under *424 the state of facts appearing before the district court on the trial, Tyson had the lien. If he had, the judgment must be affirmed ; if not, it must be reversed.

This question must be determined by an examination of the charter-party set out in the interpleader, and proved on the trial. By that, Tyson let the ship Orphan for fifteen months to…