Budd v. Rutherford

Lottie Rutherford, a minor, by Mary Ann Shurratt, her next friend, sued John H. Stotsenburg upon the common count for money had and received. The defendant filed a bill of interpleader, in which he admitted that he had in his possession and custody the money claimed by plaintiff in her complaint, and that he was ready to pay it to whom it was due, but that one Smith Budd claimed the money, and had forbidden defendant to pay it to plaintiff; that he was ready and willing to pay such money to the clerk of the court, to be disposed of according to the rights of the parties. Whereupon Budd was…