C. L. Bell, clerk of tbe Superior Court of Hyde County made a motion in tbe above-entitled cause “to bave a certain sum of money, to wit, $2,172.78, on deposit in tbe defunct Bank of Hyde declared a trust fund and a preferred lien against tbe assets of tbe Bank of Hyde and an order directing tbat same be paid as a preferred claim.”
In tbe findings of fact by tbe court below it appears tbat “Trial by jury was expressly waived and tbe parties agreed tbat tbe court should hear and determine tbe facts as well as tbe law and enter sucb judgment as to bim should appear proper. After bearing tbe evidence offered by tbe petitioner, tbe court found as a fact tbat tbe deposit made by tbe petitioner was not sucb a special deposit as entitled tbe petitioner to priority in payment out of tbe assets of tbe defunct bank, and entered judgment accordingly.”
Tbe court below found tbe facts upon which it based its judgment. Tbe burden is on appellant to show error.
From a careful reading of tbe record and tbe authorities cited in tbe briefs, we are of tbe opinion tbat tbe judgment below must be
Affirmed.