Whitesel v. Harman

Litz, President :

This is an appeal by a lien creditor from a decree in a suit to administer the assets of an insolvent debtor under a deed of assignment for the benefit of creditors. The basis of the complaint is a provision in the decree, permitting appellant, Mary B. McWhorter, to participate in the general fund in the hands of the trustee only on the basis of the remainder of her debt after applying thereon the property by which it is secured. She contends that her entire claim should be considered in the distribution of the general fund.

By deed dated January 1, 1928, Mary B. McWhorter,…