Mifflin

This action involves the ownership of funds, amounting to about $20,000, under the control of C. J. Owens and L. Spilman, derived from monthly payments of $5 each paid by the members of the Décimo Club, Inc., who were also holders of certificates of participation issued by the Décimo Trust of America, a business trust, whose trustees are parties hereto. The suit was brought by the receiver of- the Décimo Club, Inc., and involves the conflicting claims of the Décimo Club, Inc., of the Décimo Trust of America, and of the various members of the Décimo Club, Inc., who were certificate holders of the Décimo Trust and who paid in the funds and who are represented in the suit by Leo A. Cunningham and others.

The trial court held that the fund belonged to the members who had paid in the money, subject to the expenses of administration properly deductible therefrom, the amount of such deductions to be determined by the trial court in the final order for distribution. Appeal is taken by the receiver from this decree.

The Decimo Club, Inc., was a fraternal organization whose members agreed to pay an initiation fee of $25 and dues of $5 per month. The officers of this club embarked upon…