Keckley,  2  Hill  Eq.  (S.  C.)  250,  256 ;  Potter  v.  Fidelity  &  Deposit
Co.,  101  Miss.  823,  58  South.  713.)

Assuming,  however,  that  the  sovereign  right  of  preference  was
adopted  as  a  part  of  the  law  of  Montana  by  the  enactment  of
sections  3552  and  8060,  Revised  Codes,  and  assuming,  further,
that  it  has  not  been  abrogated  by  the  provisions  of  the  Codes,
still  the  contention  of  appellant  herein  must  fail  because  of  the
fact  that  it  was  not  sought  to  assert  the  right  in  this  case  until
after  the  debtor's  title  to  the  property  had  been  divested  and
the  property  had  passed  beyond  its  control.  As  an  exception  to
the  common-law  rule,  the  authorities  uniformly  hold  that  the
sovereign  right  of  preference  must  be  exercised  while  the  insol-
vent retains  title  to  the  property  against  which  the  preference
is  claimed,  and  while  he  still  possesses  control  thereof.  (Board
of  Chosen  Freeholders  v.  State  Bank,  29  N.  J.  Eq.  268  (affirmed


54  Mont.]     Aetna  Accident  &  Liability  Co.  v.  Miller.      381

in  30  N.  J.  Eq.  311) ;  State  v.  Faster,  5  Wyo.  199,  63  Am.  St.
Rep.  47,  29  L.  B.  A.  226,  38  Pac.  926 ;  State  v.  Williams,  101  Md.
