Gould v. Fidelity State Bank of Dodge City

The opinion of the court was delivered by

Wedell, J.:

This action waé brought under the declaratory judgment act by W. C. Gould, as executor of the estate of Walter Frederic Pine, deceased, to obtain an interpretation of G. S. 1935, 9-153. The question presented was whether that statute gives the Fidelity State Bank of Dodge City, an unsecured creditor of the decedent stockholder, a lien on certain shares of the capital stock of that bank, held by the decedent at the time of his death. The district court held the bank had a lien on the stock and that its claim was prior and superior to the…