Clatworthy v. Ferguson

This is an action in interpleader, and the controversy is now only between the defendants, W. H. Clatworthy and Virginia Ferguson, each of whom claims a right, superior to that of the other, to the proceeds of a crop of beets delivered to the plaintiff, The Great Western Sugar Company, by the third defendant, John Engel. The trial court found in favor of Ferguson, and rendered judgment accordingly. Clatworthy brings the cause here for review.

The claim of Clatworthy, plaintiff in error here, is based on an assignment made May 28, 1921, by John Engel, the grower of the beets. Briefly stated,…