Victor v. Lewis

HIGGINS, Justice.

We granted remedial writs in this case to review the ruling of the trial court compelling relator, a judgment creditor, to assert his right in an interpleader proceeding, with other creditors of the defendant surety.

Relator obtained a judgment against a real estate broker and the defendant, as surety on his bond, in the sum of $1,334.26, representing installment payments on account of the purchase price of a certain piece of real estate, the costs of erecting a small dwelling thereon, and the taxes paid on the property. The broker did not appeal, but the defendant, as surety…