Schilling
Schilling v. Rowe
Opinion
Lead Opinion
Wilbur, J.
Appellees brought a bill in equity to subject property in the hands of a receiver of the United States National Bank of Los An-geles, hereinafter referred to as “the bank,” to an equitable lien in their behalf for the sum of $2,500, with interest from August 17,1931, and to require that said sum be paid over to them by the receiver, upon the ground that the said sum represented a trust fund deposited with the bank in connection with a transfer of real estate, which had come into the hands of the receiver of the bank. The matter was referred to a special master, who recommended that the receiver pay complainants the sum of $2,500 with 7 per cent, interest from August 18, 1931, and costs, and that an equitable lien be impressed upon funds in the receiver’s hands in the sum of $2,500. Exceptions were filed by the receiver to this report, and the court approved the report of the special master except as to the allowance of interest, and also by stipulation deducted $96.54 due from the respondent, and thereupon ordered the receiver to pay the sum of $2,403.43 to the appellees forthwith from the funds in his hands as such receiver “except there be other preferential claims requiring…