State ex rel. Horine Farms, Inc. v. Jones

FLANIGAN, Chief Judge.

This is a prohibition proceeding, Rule 97,1 which stems from an interpleader proceeding, Rule 52.07, pending in the Circuit Court of Lawrence County. In dispute is the sum of $81,364.76, representing the surplus, after deduction of expenses, held by a trustee who conducted a foreclosure sale pursuant to a deed of trust executed in 1974, on certain real estate (“the land”) in Lawrence County. That sale was held on June 25, 1991. No issue is presented concerning the validity of that sale or the trustee’s right to bring the interpleader proceeding.

One of the claimants to…