Adams v. Binkley

This was a bill of interpleader, filed by the trustees of the town of Rosita under the provisions of section 9, article 12 of the act relating to “towns and cities” (R. S., p. 623), against Adams and Binkley, who were adverse claimants of 25x100 feet of lot 20 in said town. Each claimant appeared and answered, and upon the hearing a decree was rendered in favor of Binkley.

This decree clearly was not warranted and must be re*248versed. The town site of Rosita was entered March 22, 1876. The evidence shows that on the 16th of October, 1875, the premises in controversy were unimproved and…