Biaett v. Phoenix Title & Trust Co.

DON T. UDALL, Superior Judge.

This is a joint appeal from an order setting aside a default entered by the clerk and an order granting summary judgment. The record reveals the following pertinent facts: On October 14, 1947, one Lynn M: Laney commenced an interpleader action against D. H. Biaett, appellant herein, Myrtle Biaett, his wife, and the Phoenix Title and Trust Company, appellee herein. On November 3, 1947, at 2:35 p. m., the appellant filed a cross-claim against the appellee alleging among other things that appellee, prior to the date of this suit, had filed an interpleader action in…