Board of Supervisors v. Prince Edward-Lunenburg County Bank

Sims, P.,

after making the foregoing statement, delivered the following opinion of the court:

In our view of the case there are only two questions presented by the assignments of error which need be passed upon, and they will be disposed of in their order as stated below.

1. Was the appellee receiver, under the circumstances above mentioned, a constructive trustee ex maleficio of the money in the bill mentioned, so that, if the money had belonged to and if this suit had been brought by the county treasurer, he would have had the right to recover the money?

The question must be answered in the…