Freeman v. Craft

Opinion op the Court by

Commissioner Sandidge—

Reversing.

This equitable action was instituted in the Pike circuit court by certain of the creditors of the Elkhorn Seams Collieries Company against it and the J. P. Bur-r ton Coal Company, to have it adjudged that a mortgage executed by the former to the latter to secure it in an indebtedness of $15,000.00 was preferential and operated as an assignment for the benefit of its creditors; and for the appointment of a receiver to take charge of the assets of the former to be liquidated and applied on the payment of its debts. The defendant, Elkhorn…