Fidelity Banking & Trust Co. v. Kangara Valley Tea Co.

Lumpkin, Justice.

1. The Kangara Valley Tea Company, and other creditors of the firm of Dawson, Bergstrom & Co., filed a *173petition under the insolvent traders’ act, by virtue of which a receiver was appointed and the assets of the firm were by him converted into cash. In the original petition it was alleged, in general terms, that the partnership had recently given a mortgage to the Fidelity Banking & Trust Company, but that this mortgage was invalid because it had been executed by one partner only, over the protest of the others. The banking company voluntarily, by intervention, became a party…