Ivory Hill Coal & Coke Co. v. Harrison-Barbour Coal Co.

Lively, Judge:

The appellant asserts priority over appellee, Edward Thompson, to a fund of $9,290.87 in the hands of a special commissioner, derived from a sale of the assets of the Harrison-Barbour Coal Company; or, if priority is denied, then it should participate ratably with appellee in the distribution of that fund. The; parties on this appeal, Citizens Dollar Savings Bank by John ITenshaw its receiver, appellant, and Edward Thompson, appellee, are creditors of Ivory Hill Coal Company; and the fund to which both claim preference, now in the hands of the court’s officer, was derived from a…