Smith v. Fleetwood Building Corp.

(dissenting). — The mere fact that the Trust Company of Florida, which is being liquidated by the,bonded statutory Liquidator appointed by the State Comptroller* had a lien, or the right to have one declared and enforced,, on the assets of the trust .estate for advances made to conserve and protect said estate for the benefit of the holders of the participating ownership certificates— the cestui que trustent — which lien the Liquidator of the Trust Company, sought to have declared and protected as a first lien upon the trust estate, or its proceeds, when and if it should be ordered sold by…