J. Allen Smith & Co. v. Montgomery

It is well settled by the former decisions of this court that in order for these appellants to have acquired and enforced a lien upon the funds in the hands of this appellee, as receiver of the insolvent bank, they must have traced and identified the money collected for them by the Merchants’ Bank, as being on hand when this appellee took' over the affairs of said bank, and proof that he received or took over a fund into which the appellants’ money had been placed or with which it had been commingled will not suffice. Lummus Cotton Gin Co. v. Walker, 195 Ala. 552, 70 South. 754; Nixon State…