Maynard v. Phifer

Ness, Justice:

Appellant Maynard sought to have a judgment against *77respondent Phifer satisfied out of escrowed funds belonging to Phifer. The trial court held Maynard’s claim was subordinate to an attachment lien held by respondent Sutton. We disagree and reverse.

Sutton attached certain real property owned by Phifer. Sutton and Phifer entered into an agreement whereby the attachment was dissolved so the property could be sold. The agreement further provided the funds from the sale would be escrowed.

After the property was sold and the funds escrowed, the parties realized that the property sold…