Capson v. Brisbois

MAUGHAN, Justice:

In this action, Tracy Realty Company (hereafter Tracy Realty) presents a question of first impression before this Court, viz., is a disinterested stakeholder bringing an interpleader action entitled to its costs and attorney’s fees? The district court ordered that the fund deposited with the court by Tracy Realty be released to the plaintiffs, Russell and Peggy Capson (hereafter Capsons), and denied Tracy Realty’s motion for costs and attorney’s fees. We affirm.

In May of 1975 Capsons entered into an earnest money agreement with Clifford and Shirley Brisbois, (hereafter…