Shively v. Daviess County Bank & Trust Co.

*300Opinion op the Court by

William Rogers Clay, Commissioner

— Affirming.

On April 28, 1908, the Daviess County Bank & Trust Company made a general deed of assignment for the benefit of its creditors, and E. B. Anderson was appointed assignee. Thereupon he filed an action in the Daviess Circuit Court for a settlement of its accounts. The bank had a large number of depositors, some of whom held ordinary certificates of deposit, while others held what were called “mortgage certificates of deposit.” These latter certificates were secured by first mortgage bonds or lien notes on real estate in Daviess…