Title Trust Guarantee Co. Case (No. 1)

Opinion by

Mr. Chief Justice Kephart,

On November 29, 1933, the secretary of banking took possession of the Title, Trust & Guarantee Company of Johnstown, Pa., hereafter referred to as the Title Com pany, filing Ms first and partial account in 1934. Four depositors who bad been refused a preferred status filed exceptions to the account, and these exceptions were all upheld by the Court of Common Pleas of Cambria County. The Secretary of Banking appeals from the decree of that court, contending that these particular depositors are entitled to share only pro rata with the remaining depositors.

Reso…