First Security Bank of Idaho, Nat. Ass'n v. Rogers

McQUADE, Justice.

In this interpleader action under rule 22, Idaho R.Civ.P., instituted by respondent First Security Bank, the district court ruled on summary judgment that one claimant to the fund deposited in court, the respondent Nez Perce Roller Mills, was entitled to the entire fund of $4,061.86, and that the appellants Fireman’s Fund Insurance Company and Credit Adjustment Agency, were secondary claimants. This appeal followed.

Avery E. and Dorothy Rogers, husband and wife, entered into a contract in December 1959, with A. W. and Ruth Eaton for the sale of certain real property located in…