Shields v. Thomas

Citations

• 71 Miss. 260

Syllabus

<p>1. Trust. Tracing fund. Charge on mass. Equitable relief.</p> <p>Equity will follow a trust-fund through all changes, whether its identity is preserved or it is merged in a mass of which it forms a part; but one seeking to recover a specific fund, or to fix a charge upon a mass, must trace his estate, and show that the specific fund or thing is in equity his, or that his estate has gone into and remains in the mass he seeks to recover.</p> <p>2. Same. Banh. J)eposit of taxes by sheriff. Charging assets.</p> <p>Where a sheriff, without authority, though with knowledge on the part of the bank officials as to the character of the fund, deposits in a bank taxes collected by him, and afterwards the bank fails and goes into the hands of a receiver, the state cannot, to the exclusion of general creditors of the bank, impress a charge on- its assets for the amount of the fund, it not appearing that any part thereof, either in its original form as money or as part of the mass of the bank assets, has come into the hands of the receiver.</p>