Riesterer v. Couchez

The facts and legal principles applicable to the above cases are practically the same and they have been consolidated for hearing on appeal.

Plaintiff, receiver of the Roseville State Savings Bank, filed a bill to set aside the transfer of certain mortgages by the bank to defendants on the ground that such transfers were never authorized and were a constructive fraud on the depositors as illegal preferences. On the trial in circuit court, the trial chancellor found that defendants had acted in good faith and that they had received no illegal preferences. The bill of complaint was dismissed,…