Burke v. Hoffman

The opinion of the court was delivered by

Hehek, J.

The controversy here concerns rival claims to a fund of $2,450, a part of the purchase price of certain dwelling houses retained and held in escrow by the plaintiff attorneys at law awaiting a determination of the issues. The proceeding has been treated as one of interpleader, although the fund remains, by agreement of the parties at the title closing, in the possession of the plaintiffs until adjudication is had.

The claimants are the defendant appellant Hoffman and the defendant respondent Bergton; the former’s claim is that the fund should…