Craemer

This proceeding in mandamus was brought to compel respondent State Building and Loan Commissioner to pay liquidating dividends allegedly due to the petitioner, as well as claims of all other creditors similarly situated.

On July 30, 1931, the commissioner took possession of the business, property, and assets of the United Building and Loan Association for the purpose of liquidating its affairs. At that time Emma H. Ingram was the owner of investment certificates issued by the association and was also the owner of *409 twenty-one-shares of its guarantee stock. On March 25, 1932, she filed a creditor’s claim with the commissioner for $6,873.75, the amount of her investment certificates and interest. On August 19, 1932, this claim was approved contingently. It was listed with other claims aggregating $73,473.01, filed by those who were both investors in and stockholders of the association, in a schedule headed: “III-D-Approved Contingent on Stockholder’s Liability”, and accompanied by the following explanatory note: “All claims comprising Schedule III-D . . . are approved contingent on the excess, if any, over and above claimant’s liability as a holder of guarantee capital stock of…