Eno Investment Co. v. Protective Chemicals Laboratory, Inc.

Appeal of Third Mortgage Claimants.

Johnson, J.

We find no error in the order of the court below over-

ruling the exception of these claimants to the report of the receiver and adjudging that their claim be accepted and treated as a common, unpre-ferred claim against the assets of the corporation in the hands of the receiver. If the claim be considered as secured by an unregistered deed of trust, it is entitled to no priority against the receiver. This is so for the reason that by the adjudication of insolvency and the appointment of the receiver, the creditors at large of the corporation,…