Carmichael v. Citizens & Southern Bank

The rulings announced in headnotes one to seven inclusive, and headnote nine, do not require elaboration.

In this case the claim of the cestui que trust as a tenant in common for her share of “rents and profits” and “waste” against her cotenant, who was also her trustee, comes in competition with a security deed covering the individual undivided interest of her cotenant, executed by him under the provisions of the Civil Code (1910), § 3306, to a bank to secure his individual indorsement upon a note for money loaned by the bank. There is a question as to priority between such claim of the…