Greene v. Rolston

FOSTER, Justice.

There -was a first and second mortgage on real property. The first mortgage was foreclosed and the property was purchased by a third person paying $198.38 more than the mortgage debt and expenses of foreclosure. The second mortgagee sued the first in assumpsit! for that amount. He brought the money into court and filed an interpleader under authority of section 10386, Code, naming the purchaser at the foreclosure sale as a claimant.

The claimant appeared and moved that the cause be transferred to the equity side of the court, 'on the ground that his claim was equitable and…