Stone v. Davis

Marshall, Justice.

The appellee Davis is the assignee of a deed to secure debt executed by the appellant’s husband. Davis foreclosed on this security deed, and he subsequently filed an interpleader action naming multiple claimants to a surplus fund remaining in his hands following the foreclosure sale. The appellant, whose husband had previously conveyed his equity in the property to her, moved that the interpleader action be dismissed and that she be paid the surplusage. The trial court denied her such relief, and she appeals.

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