Webster v. Uslife Title Co.

OPINION

CONTRERAS, Judge.

This case presents the question of whether funds deposited in escrow by a buyer of real property which, under specific escrow instructions, are to be used in part to pay the seller’s real estate broker for his commission may be garnished by a creditor of the seller where the garnishment takes place after the execution of escrow instructions. It is our opinion, based upon all the attendant facts and circumstances here presented, that such funds are not subject to garnishment and, accordingly, we reverse the judgment entered in favor of the garnishor-creditor against the…