Givens v. Girard Life Insurance Company of America

ON MOTION FOR REHEARING

On motion for rehearing appellant Givens contends that the attorney’s fee allowed the insurance company for its inter-pleader should be taken out of the fund and not taxed against her as costs. We overrule this contention on authority of decisions holding that although the inter-pleading party is entitled to have his attor*430ney’s fee deducted from the fund, the ultimate burden as between the rival claimants should fall on the party whose unsuccessful claim rendered the interpleader necessary.15

Overruled.. Means v. Porter, 216 S.W.2d 269 (Tex.Civ.App., Eastland 1949, writ…