Screws v. Williams

GARDNER, Justice.

The bill seeks a preferential payment from funds of the Bank of Tuskegee, the affairs of which are now in liquidation by the state superintendent of banks. The aver-ments that at the time of the two deposits the bank was insolvent, with knowledge on the part of its officials and unknown to complainant, suffice to show that relation -of debtor and creditor did not arise. Receiving the money under such, circumstances would constitute a fraud on the depositor, and the title . thereto would remain in him. The money is therefore held in trust, and the depositor’s rights rest upon…